Certified
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TAW-74368  /  Novartis Pharmaceuticals Corporation (East Hanover, NJ)

Petitioner Type: State
Impact Date: 07/09/2009
Filed Date: 07/12/2010
Most Recent Update: 08/24/2010
Determination Date: 08/24/2010
Expiration Date: 08/24/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,368

NOVARTIS PHARMACEUTICALS CORPORATION
ELECTRONIC DATA MANAGEMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM RCM TECHNOLOGIES,
THE MATLEN SILVER GROUP, PATEL CONSULTANTS CORPORATION, ERP
STAFFING SOLUTIONS,LTD, JUDGE, KFORCE PROFESSIONAL STAFFING, AND
PRO UNLIMITED
EAST HANOVER, NEW JERSEY

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 July 12, 2010, by a state agency representative on
behalf of workers of Novartis Pharmaceuticals Corporation,
Electronic Data Management Division, East Hanover, New Jersey.
The workers supply information technology services for their
firm.
The workers group includes on-site leased workers from RCM
Technologies, The Matlen Silver Group, Patel Consultants,
Corporation, ERP Staffing Solutions, Ltd., Judge, Kforce
Professional Staffing, and Pro Unlimited.
The investigation revealed that workers of Novartis
Pharmaceuticals Corporation, Electronic Data Management
Division who are engaged in employment related to information
technology services meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers of the subject firm have become separated or are
threatened to become separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country services like or directly
competitive with the services supplied by the workers.
Criterion III has been met because the shift of
information technology services to a foreign country by
Novartis Pharmaceuticals Corporation contributed importantly
to worker group separations at the East Hanover, New Jersey
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Novartis
Pharmaceuticals Corporation, Electronic Data Management
Division, East Hanover, New Jersey, who are engaged in
employment related to information technology services, 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 Novartis Pharmaceuticals Corporation,
Electronic Data Management Division, including on-site
leased workers from RCM Technologies, The Matlen Silver
Group, Patel Consultants, Corporation, ERP Staffing
Solutions, Ltd., Judge, Kforce Professional Staffing, and
Pro Unlimited, East Hanover, New Jersey, who became totally
or partially separated from employment on or after July 9,
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 24th day of August, 2010

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