Petitioner Type: State
Impact Date: 08/05/2008
Filed Date: 08/06/2009
Most Recent Update: 10/09/2009
Determination Date: 10/09/2009
Expiration Date: 10/09/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,938
GPSG, UNIT OF ORTHO-MCNEIL-JANSSEN
PHARMACEUTICALS INC.
INCLUDING ON-SITE LEASED WORKERS
OF KELLY TEMPORARY AGENCY
RARITAN, NEW JERSEY
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. (Set forth in 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 August 6, 2009 by the State Workforce Office on behalf
of workers of GPSG, Unit of Ortho-McNeil-Janssen Pharmaceuticals
Inc, Raritan, New Jersey (GPSG Raritan). The workers are engaged
in employment related to the production and distribution of
pharmaceutical products. The workers are not separately
identifiable by products produced. The worker group includes on-
site leased workers from Kelly Temporary Agency.
The investigation revealed that workers of GPSG Raritan who
are engaged in activities related to the production and
distribution of pharmaceutical products meet the criteria for
certification.
Criterion I has been met because a significant portion of
workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production and distribution of pharmaceutical products
by GPSG Raritan to Italy and Belgium.
Criterion III has been met because the shift in production
of pharmaceutical products by GPSG Raritan to Italy and Belgium
contributed importantly to worker group separations at GPSG
Raritan.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of GPSG, Unit of Ortho-
McNeil-Janssen Pharmaceuticals Inc, including on-site leased
workers from Kelly Temporary Agency, Raritan, New Jersey who are
engaged in employment related to production and distribution of
pharmaceutical products, 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 GPSG, Unit of Ortho-McNeil-Janssen
Pharmaceuticals Inc, including on-site leased workers from
Kelly Temporary Agency, Raritan, New Jersey who became
totally or partially separated from employment on or after
August 5, 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 9th day of October, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-71,938
GPSG, UNIT OF ORTHO-MCNEIL-JANSSEN
PHARMACEUTICALS INC.
INCLUDING ON-SITE LEASED WORKERS
OF KELLY TEMPORARY AGENCY
RARITAN, NEW JERSEY
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. (Set forth in 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 August 6, 2009 by the State Workforce Office on behalf
of workers of GPSG, Unit of Ortho-McNeil-Janssen Pharmaceuticals
Inc, Raritan, New Jersey (GPSG Raritan). The workers are engaged
in employment related to the production and distribution of
pharmaceutical products. The workers are not separately
identifiable by products produced. The worker group includes on-
site leased workers from Kelly Temporary Agency.
The investigation revealed that workers of GPSG Raritan who
are engaged in activities related to the production and
distribution of pharmaceutical products meet the criteria for
certification.
Criterion I has been met because a significant portion of
workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production and distribution of pharmaceutical products
by GPSG Raritan to Italy and Belgium.
Criterion III has been met because the shift in production
of pharmaceutical products by GPSG Raritan to Italy and Belgium
contributed importantly to worker group separations at GPSG
Raritan.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of GPSG, Unit of Ortho-
McNeil-Janssen Pharmaceuticals Inc, including on-site leased
workers from Kelly Temporary Agency, Raritan, New Jersey who are
engaged in employment related to production and distribution of
pharmaceutical products, 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 GPSG, Unit of Ortho-McNeil-Janssen
Pharmaceuticals Inc, including on-site leased workers from
Kelly Temporary Agency, Raritan, New Jersey who became
totally or partially separated from employment on or after
August 5, 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 9th day of October, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance