Certified
« back to search results

TAW-74612  /  Covidien (Mansfield, MA)

Petitioner Type: Company
Impact Date: 09/08/2009
Filed Date: 09/10/2010
Most Recent Update: 10/07/2010
Determination Date: 10/07/2010
Expiration Date: 10/07/2012

DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-74,612

COVIDIEN
ACCOUNTS PAYABLE DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
MANSFIELD, MASSACHUSETTS

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 September 10, 2010 by a state agency representative on
behalf of workers of Covidien, Accounting Department, Mansfield,
Massachusetts (Covidien). Workers at the subject firm are
engaged in activities related to accounts payable data
processing. Workers are not separately identifiable by
function.
The subject firm also leased on-site workers from Kelly
Services during the investigative period.
The investigation revealed that workers of Covidien,
Accounting Department, Mansfield, Massachusetts, who are engaged
in activities related to accounts payable data processing
services meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers have been separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in accounts payable data processing services by Covidien
to a foreign country.
Criterion III has been met because the shift in services
by Covidien contributed importantly to worker group
separations at Covidien, Accounting Department, Mansfield,
Massachusetts.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Covidien, Accounting
Department, Mansfield, Massachusetts, who are engaged in
employment related to accounts payable data processing
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 Covidien, Accounting Department, Mansfield,
Massachusetts, including on-site workers from Kelly
Services, who became totally or partially separated from
employment on or after September 8, 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 7th day of October, 2010.


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