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TAW-72126  /  Medtronic, Inc., (Tempe, AZ)

Petitioner Type: Workers
Impact Date: 08/24/2008
Filed Date: 08/26/2009
Most Recent Update: 09/21/2009
Determination Date: 09/21/2009
Expiration Date: 09/21/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,126

MEDTRONIC, INC.
ARIZONA DEVICE MANUFACTURING
INCLUDING ON-SITE LEASED WORKERS OF KELLY SERVICES AND PROJECT
LEADERSHIP SERVICES
TEMPE, ARIZONA

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 26, 2009 by three workers on behalf of workers
of Medtronic, Inc., Arizona Device Manufacturing, Tempe,
Arizona. The workers produce diagnostic medical devices. A
portion of the production of the subject firm is now undertaken
by a firm purchasing the rights to that production.
The worker group includes on-site leased workers of Kelly
Services and Project Leadership Services.
The investigation revealed that workers of Medtronic, Bravo
Division, who are engaged in employment related to the
production of diagnostic medical devices, meet the criteria
for certification.
Criterion I has been met because at least five percent of
the workers have become separated from employment during the
relevant period.
Criterion II has been met because the "successor in
interest" firm undertaking the production of the medical
device produced by the subject firm has shifted to a foreign
country the production of articles like or directly
competitive with the articles produced by the workers' firm.
Criterion III has been met because the shift in
production of diagnostic medical devices to Israel contributed
importantly to the threat of separation at the Tempe, Arizona
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Medtronic, Inc.,
Arizona Device Manufacturing, Tempe, Arizona, including on-
site leased workers of Kelly Services and Project Leadership
Services, who are engaged in employment related to the
production of diagnostic medical devices, 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 Medtronic, Inc., Arizona Device
Manufacturing, including on-site leased workers of Kelly
Services and Project Leadership Services, Tempe, Arizona
who became totally or partially separated from employment
on or after August 24, 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 21st day of September, 2009

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