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TAW-71673  /  FLA Orthopedics, Inc. (Huntersville, NC)

Petitioner Type: Company
Impact Date: 07/13/2008
Filed Date: 07/15/2009
Most Recent Update: 09/11/2009
Determination Date: 09/11/2009
Expiration Date: 09/11/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,673

FLA ORTHOPEDICS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM STAFF MASTERS AND
AEROTEK
HUNTERSVILLE, NORTH CAROLINA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on July 15, 2009 by a company official on behalf of
workers of FLA Orthopedics, Inc., Huntersville, North Carolina
(FLA Orthopedics). The workers produce orthopedic soft goods
for people with injuries or physical needs, including wrist
braces, lumbar supports, wheelchair cushions, sport braces,
hernia belts, and the like.
The worker group also consists of on-site leased workers
from Staff Masters and Aerotek.
The investigation revealed that workers of FLA Orthopedics
who are engaged in activities related to the production
orthopedic soft goods meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the firm have been separated during
the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of an article like
or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift of
orthopedics soft goods to Mexico by FLA Orthopedics
contributed importantly to worker group separations at FLA
Orthopedics.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FLA Orthopedics,
Inc., Huntersville, North Carolina, including on-site leased
workers from Staff Masters and Aerotek who are engaged in
employment related to orthopedic soft goods meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:













"All workers of FLA Orthopedics, Inc., Huntersville, North
Carolina, including on-site leased workers from Staff
Masters and Aerotek, who became totally or partially
separated from employment on or after July 13, 2008,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on date of certification through
two years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 11th day of September, 2009

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance