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TAW-74642  /  Covidien (Watertown, NY)

Petitioner Type: Company
Impact Date: 09/17/2010
Filed Date: 09/20/2010
Most Recent Update: 10/08/2010
Determination Date: 10/08/2010
Expiration Date: 10/08/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,642

COVIDIEN
A SUBSIDIARY OF TYCO HEALTHCARE GROUP LP
MEDICAL SUPPLIES DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
WATERTOWN, 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 September 20, 2010 by a company official on behalf of
workers of Covidien, a subsidiary of Tyco Healthcare Group LP,
Medical Supplies Division, including on-site leased workers from
Kelly Services, Watertown, New York. The workers were engaged
in production of medical supplies. The worker group includes
on-site leased workers from Kelly Services.
Workers of the subject firm were previously certified for
Trade Adjustment Assistance based on a shift in production,
under TA-W-63,877, which expired September 16, 2010.
The investigation revealed that workers of Covidien meet
the criteria for certification.
Criterion I has been met because a significant number of
the workers have been separated or are threatened with
separation during the relevant period.
Criterion II has been met because Covidien has shifted to
a foreign country the production of articles like or directly
competitive with the medical supplies produced by the workers.
Criterion III has been met because the shift in
production of medical supplies contributed importantly to
worker group separations at the Watertown, New York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Covidien, a
subsidiary of Tyco Healthcare Group LP, Medical Supplies
Division, Watertown, New York, who were are engaged in
employment related to production of 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, a subsidiary of Tyco Healthcare
Group LP, Medical Supplies Division, including on-site
leased workers from Kelly Services, Watertown, New York,
who became totally or partially separated from employment
on or after September 17, 2010, 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 8th day of October, 2010


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