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TAW-72855  /  Barnstead Thermolyne Corporation (Dubuque, IA)

Petitioner Type: Company
Impact Date: 11/11/2008
Filed Date: 11/16/2009
Most Recent Update: 02/22/2010
Determination Date: 02/22/2010
Expiration Date: 02/22/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,855

BARNSTEAD THERMOLYNE CORPORATION
A SUBSIDIARY OF THERMO FISHER SCIENTIFIC
INCLUDING ON-SITE LEASED WORKERS FROM
SEDONA STAFFING AND PER MAR
DUBUQUE, IOWA

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on February 22, 2010, applicable to workers of
Barnstead Thermolyne Corporation, a subsidiary of Thermo Fisher
Scientific, including on-site leased workers from Sedona
Staffing, Dubuque, Iowa. The notice was published in the Federal
Register on April 23, 2010 (75 FR 21361).
At the request of a State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of scientific
laboratory equipment.
New information shows that workers leased from Per Mar were
employed on-site at the Dubuque, Iowa location of Barnstead
Thermolyne Corporation, a subsidiary of Thermo Fisher Scientific.
The Department has determined that these workers were
sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Per Mar working on-
site at the Dubuque, Iowa location of Barnstead Thermolyne
Corporation, a subsidiary of Thermo Fisher Scientific.
The amended notice applicable to TA-W-72,855 is hereby
issued as follows:
"All workers of Barnstead Thermolyne Corporation,
including on-site leased workers from Sedona Staffing
and Per Mar, Dubuque, Iowa, who became totally or
partially separated from employment on or after
November 11, 2008, through February 22, 2012 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 at Washington, D.C. this day of September 2010.

/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,855

BARNSTEAD THERMOLYNE CORPORATION
A SUBSIDIARY OF THERMO FISHER SCIENTIFIC
INCLUDING ON-SITE LEASED WORKERS FROM SEDONA STAFFING
DUBUQUE, IOWA

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 November 16, 2009 by a company official on behalf of
workers of Barnstead Thermolyne Corporation, a subsidiary of
Thermo Fisher Corporation, Dubuque, Iowa (Barnstead Dubuque). The
workers are engaged in activities related to the production of
scientific laboratory equipment. The workers are not separately
identifiable by products produced. The worker group also includes
on-site leased workers from Sedona Staffing.
The investigation revealed that workers of Barnstead Dubuque
who are engaged in activities related to the production of
scientific laboratory equipment meet the criteria for
certification.
Criterion I has been met because a significant number 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 of scientific laboratory equipment by Barnstead
Dubuque to China, the United Kingdom, and Germany.
Criterion III has been met because the shift in production of
scientific laboratory equipment by Barnstead Dubuque to China, the
United Kingdom, and Germany contributed importantly to worker
group separations at Barnstead Dubuque.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Barnstead Thermolyne
Corporation, a subsidiary of Thermo Fisher Corporation, including
on-site leased workers from Sedona Staffing, Dubuque, Iowa, who are
engaged in employment related to the production of scientific
laboratory equipment, 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 Barnstead Thermolyne Corporation, a
subsidiary of Thermo Fisher Corporation, including on-site
leased workers from Sedona Staffing, Dubuque, Iowa, who
became totally or partially separated from employment on or
after November 11, 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 22nd day of February, 2010


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance





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