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TAW-73621  /  Thermo Fisher Hamilton (Two Rivers, WI)

Petitioner Type: Union
Impact Date: 03/02/2009
Filed Date: 03/03/2010
Most Recent Update: 10/01/2010
Determination Date: 10/01/2010
Expiration Date: 10/01/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,621

THERMO FISHER HAMILTON
A SUBSIDIARY OF THERMO FISHER SCIENTIFIC
LAB WORKS STATIONS DIVISION
TWO RIVERS, WISCONSIN

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 March 3, 2010, by the Carpenters & Joiners of America
Furniture & Equipment Workers Union, Local 1533 on behalf of
workers of Thermo Fisher Hamilton, a subsidiary of Thermo Fisher
Scientific, Lab Works Stations Division, Two Rivers, Wisconsin
(Thermo Fisher Hamilton). The workers are engaged in employment
activities related to the production of laboratory work
stations.
The investigation revealed that workers of Thermo Fisher
Hamilton who are engaged in employment activities related to
the production of laboratory work stations meet the criteria
for certification.
Criterion I has been met because a significant proportion
of workers were separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift of
production of laboratory work stations to Mexico by Thermo
Fisher Hamilton 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 Thermo Fisher
Hamilton, a subsidiary of Thermo Fisher Scientific, Lab Works
Stations Division, Two Rivers, Wisconsin, who are engaged in
employment related to production of laboratory work stations
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 Thermo Fisher Hamilton, a subsidiary of
Thermo Fisher Scientific, Lab Works Stations Division, Two
Rivers, Wisconsin, who became totally or partially
separated from employment on or after March 2, 2009,
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 1st day of October, 2010.

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