Petitioner Type: Company
Impact Date: 08/12/2008
Filed Date: 08/13/2009
Most Recent Update: 12/18/2009
Determination Date: 12/18/2009
Expiration Date: 12/18/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,016
SURGRX, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ATR INTERNATIONAL,
CONNEXION SYSTEMS & ENGINEERING, KELLY SERVICES, ONLINE
TECHNICAL, OFFICE TEAM, BENCHMARK, TAC WORLDWIDE
AND ACCOUNTANTS INC.
REDWOOD CITY, 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 13, 2009, on behalf of workers of Surgrx Inc.,
Redwood City, California. The workers produce tissue sealing and
hemostasis systems for the medical industry. The worker group
includes on-site leased workers from ATR International,
Connexion Systems & Engineering, Kelly Services, Online
Technical, Office Team, Benchmark, TAC Worldwide and Accountants
Inc.
The investigation revealed that the worker group meets the
criteria for certification.
Criterion I has been met because a significant number of
the worker group were separated from employment during the
relevant period.
Criterion II has been met because Surgrx, Inc. has
shifted to Mexico and China the production of articles like or
directly competitive with the tissue sealing and hemostasis
systems produced by the workers.
Criterion III has been met because the shift in
production contributed importantly to worker group separations
at the Redwood City, California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Surgrx, Inc., Redwood
City, California, who were are engaged in employment related to
production of tissue sealing and hemostasis systems 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 Surgrx, Inc., including on-site leased
workers from ATR International, Connexion Systems &
Engineering, Kelly Services, Online Technical, Office Team,
Benchmark, TAC Worldwide and Accountants Inc., Redwood
City, California, who became totally or partially separated
from employment on or after August 12, 2008, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the 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 18th day of December, 2009
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,016
SURGRX, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ATR INTERNATIONAL,
CONNEXION SYSTEMS & ENGINEERING, KELLY SERVICES, ONLINE
TECHNICAL, OFFICE TEAM, BENCHMARK, TAC WORLDWIDE
AND ACCOUNTANTS INC.
REDWOOD CITY, 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 13, 2009, on behalf of workers of Surgrx Inc.,
Redwood City, California. The workers produce tissue sealing and
hemostasis systems for the medical industry. The worker group
includes on-site leased workers from ATR International,
Connexion Systems & Engineering, Kelly Services, Online
Technical, Office Team, Benchmark, TAC Worldwide and Accountants
Inc.
The investigation revealed that the worker group meets the
criteria for certification.
Criterion I has been met because a significant number of
the worker group were separated from employment during the
relevant period.
Criterion II has been met because Surgrx, Inc. has
shifted to Mexico and China the production of articles like or
directly competitive with the tissue sealing and hemostasis
systems produced by the workers.
Criterion III has been met because the shift in
production contributed importantly to worker group separations
at the Redwood City, California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Surgrx, Inc., Redwood
City, California, who were are engaged in employment related to
production of tissue sealing and hemostasis systems 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 Surgrx, Inc., including on-site leased
workers from ATR International, Connexion Systems &
Engineering, Kelly Services, Online Technical, Office Team,
Benchmark, TAC Worldwide and Accountants Inc., Redwood
City, California, who became totally or partially separated
from employment on or after August 12, 2008, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the 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 18th day of December, 2009
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance