Petitioner Type: State
Impact Date: 11/18/2009
Filed Date: 11/22/2010
Most Recent Update: 02/24/2011
Determination Date: 02/24/2011
Expiration Date: 02/24/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,902
ABBOTT DIABETES CARE, INC.
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
ALAMEDA, CALIFORNIA
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 November 22, 2010, by the Employment Development
Department of the State of California, on behalf of workers of
Abbott Diabetes Care, Inc., Alameda, California (subject firm).
The worker group consists of workers who produce diabetes test
strips and includes on-site leased workers of Manpower who are
engaged in the production of diabetes test strips. The worker
group does not include workers in Headquarters.
The investigation revealed that workers of the subject
firm, who are engaged in employment related to the production
of diabetes test strips, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the subject firm has been totally or
partially separated, or threatened with such separation.
Criterion II has been met because the subject firm has
shifted to a foreign country the production of articles like
or directly competitive with those produced by the workers.
Criterion III has been met because the shift of diabetes
test strips production to Ireland has contributed importantly
to worker group separations at Abbott Diabetes Care, Inc.,
Alameda, California.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Abbott Diabetes Care,
Inc., Alameda, California, who are engaged in employment
related to the production of diabetes test strips, 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 Abbott Diabetes Care, Inc., including
leased on-site workers of Manpower, who are engaged in
employment related to the production of diabetes test
strips, Alameda, California, who became totally or
partially separated from employment on or after November
18, 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 24th day of February, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,902
ABBOTT DIABETES CARE, INC.
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
ALAMEDA, CALIFORNIA
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 November 22, 2010, by the Employment Development
Department of the State of California, on behalf of workers of
Abbott Diabetes Care, Inc., Alameda, California (subject firm).
The worker group consists of workers who produce diabetes test
strips and includes on-site leased workers of Manpower who are
engaged in the production of diabetes test strips. The worker
group does not include workers in Headquarters.
The investigation revealed that workers of the subject
firm, who are engaged in employment related to the production
of diabetes test strips, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the subject firm has been totally or
partially separated, or threatened with such separation.
Criterion II has been met because the subject firm has
shifted to a foreign country the production of articles like
or directly competitive with those produced by the workers.
Criterion III has been met because the shift of diabetes
test strips production to Ireland has contributed importantly
to worker group separations at Abbott Diabetes Care, Inc.,
Alameda, California.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Abbott Diabetes Care,
Inc., Alameda, California, who are engaged in employment
related to the production of diabetes test strips, 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 Abbott Diabetes Care, Inc., including
leased on-site workers of Manpower, who are engaged in
employment related to the production of diabetes test
strips, Alameda, California, who became totally or
partially separated from employment on or after November
18, 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 24th day of February, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance