Certified
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TAW-71959  /  Alpine Biomed (Fountain Valley, CA)

Petitioner Type: State
Impact Date: 08/07/2008
Filed Date: 08/10/2009
Most Recent Update: 09/17/2009
Determination Date: 09/17/2009
Expiration Date: 09/17/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,959

ALPINE BIOMED
INCLUDING ON-SITE LEASED WORKERS OF KELLY SERVICES, APPLEONE,
AND CONCISE TECHNOLOGIES
FOUNTAIN VALLEY, 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 August 10, 2009 by a California Workforce official on
behalf of workers of Alpine Biomed, including on-site leased
workers of Kelly Services, AppleOne, and Concise Technologies,
Fountain Valley, California. The workers produced pH catheters
used in gastroenterological and neurological procedures.
The investigation revealed that workers of Alpine Biomed,
Fountain Valley, California, who are engaged in employment
related to the manufacture of pH catheters, meet the criteria
for certification.
Criterion I has been met because at least five percent of
the workers have been separated, or are threatened with
separation, during the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift of
production of pH catheters to Vietnam by Alpine Biomed,
Fountain Valley, California contributed importantly to worker
group separations at Alpine Biomed, Fountain Valley,
California.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Alpine Biomed,
including on-site leased workers of Kelly Services, AppleOne,
and Concise Technologies, Fountain Valley, California, who are
engaged in employment related to the manufacture of pH
catheters 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 Alpine Biomed, including on-site leased
workers of Kelly Services, AppleOne, and Concise
Technologies, Fountain Valley, California who became
totally or partially separated from employment on or after
August 7, 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 17th day of September, 2009

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance