Petitioner Type: State
Impact Date: 12/13/2009
Filed Date: 12/14/2010
Most Recent Update: 03/25/2011
Determination Date: 03/25/2011
Expiration Date: 03/25/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,993
BAXTER HEALTHCARE CORPORATION
A SUBSIDIARY OF BAXTER INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK AND KELLY SERVICES
BELTSVILLE, MARYLAND
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).
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 December 14, 2010 by a company official on behalf of
workers of Baxter Healthcare Corporation, a subsidiary of Baxter
Healthcare Corporation, Beltsville, Maryland (Baxter
Healthcare). The workers were engaged in production of Neis Vac-
C Vaccine Bulk (meningitis vaccines for children). The worker
group includes on-site leased from Aerotek and Kelly Services.
The investigation revealed that the subject worker group at
Baxter Healthcare, Beltsville, Maryland, meets the criteria for
certification.
Criterion I has been met because a significant proportion
of workers at Baxter Healthcare has been totally or partially
separated, or threatened with such separation.
Criterion II has been met because Baxter Healthcare is
shifting to a foreign country the production of articles like
or directly competitive with the Neis Vac-C Vaccine Bulk
produced by the workers at Baxter Healthcare.
Criterion III has been met because the shift of
production to Austria contributed importantly to worker group
separations at Baxter Healthcare, Beltsville, Maryland.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Baxter Healthcare
Corporation, Beltsville, Maryland who were engaged in employment
related to the production of Neis Vac-C Vaccine Bulk, 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 Baxter Healthcare Corporation, a subsidiary
of Baxter Healthcare International, Inc., including on-site
leased workers from Aerotek and Kelly Services, Beltsville,
Maryland who became totally or partially separated from
employment on or after December 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 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 25th day of March, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,993
BAXTER HEALTHCARE CORPORATION
A SUBSIDIARY OF BAXTER INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK AND KELLY SERVICES
BELTSVILLE, MARYLAND
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).
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 December 14, 2010 by a company official on behalf of
workers of Baxter Healthcare Corporation, a subsidiary of Baxter
Healthcare Corporation, Beltsville, Maryland (Baxter
Healthcare). The workers were engaged in production of Neis Vac-
C Vaccine Bulk (meningitis vaccines for children). The worker
group includes on-site leased from Aerotek and Kelly Services.
The investigation revealed that the subject worker group at
Baxter Healthcare, Beltsville, Maryland, meets the criteria for
certification.
Criterion I has been met because a significant proportion
of workers at Baxter Healthcare has been totally or partially
separated, or threatened with such separation.
Criterion II has been met because Baxter Healthcare is
shifting to a foreign country the production of articles like
or directly competitive with the Neis Vac-C Vaccine Bulk
produced by the workers at Baxter Healthcare.
Criterion III has been met because the shift of
production to Austria contributed importantly to worker group
separations at Baxter Healthcare, Beltsville, Maryland.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Baxter Healthcare
Corporation, Beltsville, Maryland who were engaged in employment
related to the production of Neis Vac-C Vaccine Bulk, 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 Baxter Healthcare Corporation, a subsidiary
of Baxter Healthcare International, Inc., including on-site
leased workers from Aerotek and Kelly Services, Beltsville,
Maryland who became totally or partially separated from
employment on or after December 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 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 25th day of March, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance