Petitioner Type: Company
Impact Date: 06/23/2008
Filed Date: 07/22/2009
Most Recent Update: 09/24/2009
Determination Date: 09/24/2009
Expiration Date: 09/24/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,772
HOSPIRA, INC.
INCLUDES ON-SITE LEASED WORKERS OF
KELLY SERVICES, INC.
MORGAN HILL, CALIFORNIA
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 22, 2009 on behalf of the workers of Hospira,
Inc., Morgan Hill, California (Hospira). The workers are
engaged in employment related to the production of infusion
control devices and printed circuit boards. The worker group
includes on-site leased workers of Kelly Services, Inc.
The investigation revealed that workers of Hospira who are
engaged in employment related to the production of infusion
control devices and printed circuit boards meet the criteria for
certification.
Criterion I has been met because a significant portion of
the workers engaged in the production of infusion control
devices or printed circuit boards at Hospira have been separated
from the firm during the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country (Costa Rica) the production of an
article like or directly competitive with the infusion control
devices produced by the workers, and the workers' firm has
also shifted to a foreign country (China) the production of an
article like or directly competitive with the printed circuit
boards produced by the workers.
Criterion III has been met because the shift in
production of infusion control devices to Costa Rica and printed
circuit boards to China contributed importantly to worker group
separations at Hospira.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hospira, Inc.,
including on-site leased workers of Kelly Services, Inc., Morgan
Hill, California, who are engaged in activities related to the
production of infusion control devices or printed circuit
boards, 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 Hospira, Inc., including on-site leased
workers of Kelly Services, Inc., Morgan Hill, California,
who became totally or partially separated from employment
on or after June 23, 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 24th day of September, 2009.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-71,772
HOSPIRA, INC.
INCLUDES ON-SITE LEASED WORKERS OF
KELLY SERVICES, INC.
MORGAN HILL, CALIFORNIA
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 22, 2009 on behalf of the workers of Hospira,
Inc., Morgan Hill, California (Hospira). The workers are
engaged in employment related to the production of infusion
control devices and printed circuit boards. The worker group
includes on-site leased workers of Kelly Services, Inc.
The investigation revealed that workers of Hospira who are
engaged in employment related to the production of infusion
control devices and printed circuit boards meet the criteria for
certification.
Criterion I has been met because a significant portion of
the workers engaged in the production of infusion control
devices or printed circuit boards at Hospira have been separated
from the firm during the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country (Costa Rica) the production of an
article like or directly competitive with the infusion control
devices produced by the workers, and the workers' firm has
also shifted to a foreign country (China) the production of an
article like or directly competitive with the printed circuit
boards produced by the workers.
Criterion III has been met because the shift in
production of infusion control devices to Costa Rica and printed
circuit boards to China contributed importantly to worker group
separations at Hospira.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hospira, Inc.,
including on-site leased workers of Kelly Services, Inc., Morgan
Hill, California, who are engaged in activities related to the
production of infusion control devices or printed circuit
boards, 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 Hospira, Inc., including on-site leased
workers of Kelly Services, Inc., Morgan Hill, California,
who became totally or partially separated from employment
on or after June 23, 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 24th day of September, 2009.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance