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TAW-73951  /  Ethicon (San Angelo, TX)

Petitioner Type: Company
Impact Date: 02/02/2010
Filed Date: 04/16/2010
Most Recent Update: 08/20/2010
Determination Date: 08/20/2010
Expiration Date: 08/20/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,951

ETHICON
A SUBSIDIARY OF JOHNSON & JOHNSON
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY TEMPORARY SERVICES
SAN ANGELO, TEXAS

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 August 20, 2010, applicable to workers
of ETHICON, a subsidiary of Johnson & Johnson, including on-site
leased workers from Kelly Temporary Services, San Angelo, Texas.
The workers are engaged in the production of surgical sutures.
The notice was published in the Federal Register on September
3, 2010 (75 FR 54186).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The review
shows that on February 1, 2008, a certification of eligibility
to apply for adjustment assistance was issued for all workers of
ETHICON, A Johnson and Johnson Company, San Angelo, Texas,
separated from employment on or after June 9, 2007 through
February 1, 2010. The notice was published in the Federal
Register on February 13, 2008 (73 FR 8369).
In order to avoid an overlap in worker group coverage, the
Department is amending the April 13, 2009 impact date
established for TA-W-73,951, to read February 2, 2010.
The amended notice applicable to TA-W-73,951 is hereby
issued as follows:
“All workers of ETHICON, a subsidiary of Johnson & Johnson,
including on-site leased workers from Kelly Temporary
Services, San Angelo, Texas, who became totally or
partially separated from employment on or after February 2,
2010, through August 20, 2012, 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 15th day of March, 2011.

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance


4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,951

ETHICON
A SUBSIDIARY OF JOHNSON & JOHNSON
INCLUDING ON-SITE LEASED WORKERS FROM KELLY TEMPORARY SERVICES
SAN ANGELO, TEXAS

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 April 13, 2010, by a company official on behalf of
workers of ETHICON, a subsidiary of Johnson & Johnson,
including on-site leased workers from Kelly Temporary
Services, San Angelo, Texas. The workers produce surgical
sutures.
The investigation revealed that workers of ETHICON, who are
engaged in employment related to production of surgical
sutures, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the worker group has been separated within the last year.
Criterion II has been satisfied because the workers' firm
has shifted production of surgical sutures to a foreign
country.
Criterion III has been met because the shift in
production of surgical sutures contributed importantly to
worker group separations at ETHICON.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ETHICON, San Angelo,
Texas, who are engaged in employment related to production of
surgical sutures, 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 ETHICON, a subsidiary of Johnson &
Johnson, including on-site leased workers from Kelly
Temporary Services, San Angelo, Texas, who became totally
or partially separated from employment on or after April
13, 2009, 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 20th day of August, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance




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