DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,146

BERKLEY SURGICAL COMPANY
UNIONTOWN, PENNSYLVANIA

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 January 28, 2011 on behalf of workers of Berkley
Surgical Company, Uniontown, Pennsylvania (Berkley Surgical).
The workers produce face masks. The worker group does not
include any leased workers.
The investigation revealed that workers of Berkley
Surgical, who are engaged in employment related to the
production of face masks, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at Berkley Surgical has been totally or
partially separated, or threatened with such separation.
Criterion II has been met because Berkley Surgical has
shifted to a foreign country the production of articles like
or directly competitive with the face masks produced by the
workers.
Criterion III has been met because the shift of
production to Turkey contributed importantly to worker group
separations at the Uniontown, Pennsylvania facility.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Berkley Surgical
Company, Uniontown, Pennsylvania 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 Berkley Surgical Company, Uniontown,
Pennsylvania, who became totally or partially separated
from employment on or after January 26, 2010, 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 23rd day of March, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance