DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,742

COVIDIEN
MEDICAL SUPPLIES DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES, FIRST CHOICE STAFFING AND STAFF WORKS
ORISKANY FALLS, NEW YORK

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 18, 2010 by a company official on behalf of
workers of Covidien, Medical Supplies Division, Oriskany Falls,
New York (hereinafter referred to as Covidien). The worker
group includes on-site leased workers from Kelly Services,
First Choice and Staff Works. The workers produce medical
supplies.
The investigation revealed that workers of Covidien, who
produce medical supplies, meet the criteria for certification.
Criterion I has been met because all the workers at
Covidien are scheduled to be separated.
Criterion II has been satisfied because the workers' firm
will shift to a foreign country the production of medical
supplies.
Criterion III has been met because the shift production
of medical supplies to Ireland by Covidien contributes
importantly to the threat of worker group separations at the
Oriskany Falls, New York facility.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Covidien, Medical
Supplies Division, Oriskany Falls, New York, including on-site
leased workers from Kelly Services, First Choice Staffing and
Staff Works, who produce medical supplies, 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 Covidien, Medical Supplies Division,
Oriskany Falls, New York, including on-site leased workers
from Kelly Services, First Choice Staffing and Staff Works,
who became totally or partially separated from employment
on or after March 17, 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 14th day of May, 2010.


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance