Certified
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TAW-72353  /  Philips Respironics (Bend, OR)

Petitioner Type: State
Impact Date: 09/17/2009
Filed Date: 09/18/2009
Most Recent Update: 11/05/2009
Determination Date: 11/05/2009
Expiration Date: 11/05/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,353

PHILIPS RESPIRONICS
A SUBSIDIARY OF ROYAL PHILLIPS ELECTRONICS INCORPORATED
INCLUDING ON-SITE LEASED WORKERS OF
QUALCOMM INCORPORATED, BARLIE ASSOCIATES
AND EMPLOYMENT SOURCE INCORPORATED
BEND, OREGON

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 September 18, 2009 by the Central Oregon
Intergovernmental Council on behalf of workers of Philips
Respironics, a subsidiary of Royal Philips Electronics, Inc.,
Bend, Oregon. The worker group includes on-site leased workers
of Qualcomm, Inc., Barlie Associates and Employment Source, Inc.
The workers manufacture healthcare monitoring equipment for the
healthcare industry.
The investigation revealed that workers of Philips
Respironics, a subsidiary of Royal Philips Electronics, Inc.,
Bend, Oregon, who are engaged in employment related to the
production of healthcare monitoring equipment meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm will become
totally or partially separated.
Criterion II has been satisfied because Philips
Respironics, a subsidiary of Royal Philips Electronics, Inc.,
Bend, Oregon, is shifting production of healthcare monitoring
equipment from Bend, Oregon to Malaysia.

Criterion III has been met because the shift in
production of healthcare monitoring equipment to Malaysia by
Philips Respironics, a subsidiary of Royal Philips
Electronics, Inc., Bend, Oregon, contributed importantly to
worker group separations at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Philips Respironics,
a subsidiary of Royal Philips Electronics, Inc., including on-
site leased workers of Qualcomm, Inc., Barlie Associates and
Employment Source, Inc., Bend, Oregon, who are engaged in
employment related to healthcare monitoring equipment
production 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 in of Philips Respironics, a subsidiary of
Royal Philips Electronics, Inc., including on-site leased
workers of Qualcomm, Inc., Barlie Associates and Employment
Source, Inc., Bend, Oregon, who became totally or partially
separated from employment on or after September 17, 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 5th day of November 2009.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance