Petitioner Type: State
Impact Date: 12/15/2009
Filed Date: 12/16/2010
Most Recent Update: 02/15/2011
Determination Date: 02/15/2011
Expiration Date: 02/15/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-75,006
EMD SERONO BIOTECH CENTER, INC.
A WHOLLY OWNED SUBSIDIARY OF
EMD SERONO RESEARCH INSTITUTE, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ON ASSIGNMENT LAB SUPPORT AND RANDSTAD
BILLERICA, 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. 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 December 16, 2010 by a state workforce office on
behalf of workers of EMD Serono Biotech Center, Inc., a wholly
owned subsidiary of EMD Serono Research Institute, Inc.,
Billerica, Massachusetts (EMD Serono). The workers are engaged
in activities related to the production of protein
therapeutics. The group also contains on-site leased workers
from On Assignment Lab Support and Randstad.
The investigation revealed that workers of EMD Serono who
are engaged in activities related to the production of protein
pharmaceuticals meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at EMD Serono have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift by EMD Serono to foreign countries in the production of
protein therapeutics like or directly competitive with those
produced by EMD Serono.
Criterion III has been met because the shift of protein
therapeutics to Germany and Switzerland by EMD Serono
contributed importantly to worker group separations at EMD
Serono.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EMD Serono Biotech
Center, Inc., a wholly owned subsidiary of EMD Serono Research
Institute, Inc., including on-site leased workers from On
Assignment Lab Support and Randstad, Billerica, Massachusetts,
who are engaged in activities related to the production of
protein therapeutics 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 EMD Serono Biotech Center, Inc., a wholly
owned subsidiary of EMD Serono Research Institute, Inc.,
including on-site leased workers from On Assignment Lab
Support and Randstad, Billerica, Massachusetts, who became
totally or partially separated from employment on or after
December 15, 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 15th day of February, 2011.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-75,006
EMD SERONO BIOTECH CENTER, INC.
A WHOLLY OWNED SUBSIDIARY OF
EMD SERONO RESEARCH INSTITUTE, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ON ASSIGNMENT LAB SUPPORT AND RANDSTAD
BILLERICA, 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. 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 December 16, 2010 by a state workforce office on
behalf of workers of EMD Serono Biotech Center, Inc., a wholly
owned subsidiary of EMD Serono Research Institute, Inc.,
Billerica, Massachusetts (EMD Serono). The workers are engaged
in activities related to the production of protein
therapeutics. The group also contains on-site leased workers
from On Assignment Lab Support and Randstad.
The investigation revealed that workers of EMD Serono who
are engaged in activities related to the production of protein
pharmaceuticals meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at EMD Serono have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift by EMD Serono to foreign countries in the production of
protein therapeutics like or directly competitive with those
produced by EMD Serono.
Criterion III has been met because the shift of protein
therapeutics to Germany and Switzerland by EMD Serono
contributed importantly to worker group separations at EMD
Serono.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EMD Serono Biotech
Center, Inc., a wholly owned subsidiary of EMD Serono Research
Institute, Inc., including on-site leased workers from On
Assignment Lab Support and Randstad, Billerica, Massachusetts,
who are engaged in activities related to the production of
protein therapeutics 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 EMD Serono Biotech Center, Inc., a wholly
owned subsidiary of EMD Serono Research Institute, Inc.,
including on-site leased workers from On Assignment Lab
Support and Randstad, Billerica, Massachusetts, who became
totally or partially separated from employment on or after
December 15, 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 15th day of February, 2011.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance