Certified
« back to search results

TAW-75297  /  ESA - A Dionex Co (Chelmsford, MA)

Petitioner Type: State
Impact Date: 02/14/2010
Filed Date: 02/15/2011
Most Recent Update: 04/01/2011
Determination Date: 04/01/2011
Expiration Date: 04/01/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,297

ESA - A DIONEX COMPANY
A SUBSIDIARY OF DIONEX CORPORATION
INCLUDING ON-SITE INDEPENDENT CONTRACTORS
CHELMSFORD, 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 February 15, 2011, by a state agency representative on
behalf of workers of ESA - A Dionex Company, a subsidiary of
Dionex Corporation, Chelmsford, Massachusetts. The workers at
the subject firm produce high-performance liquid chromatography
(HPLC) detectors for chemical analysis. The worker group
includes on-site independent contractors.
The investigation revealed that workers of ESA - A Dionex
Company, a subsidiary of Dionex Corporation, Chelmsford,
Massachusetts who are engaged in activities related to the
production of HPLC detectors meet the criteria for
certification.
Criterion I has been met because employment at the
subject firm declined during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift of
activities associated with the production of HPLC detectors to
Germany by the subject firm contributed importantly to worker
group separations at ESA - A Dionex Company, a subsidiary of
Dionex Corporation, Chelmsford, Massachusetts.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ESA - A Dionex
Company, a subsidiary of Dionex Corporation, Chelmsford,
Massachusetts, who are engaged in activities related to the
production of HPLC detectors 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 ESA - A Dionex Company, a subsidiary of
Dionex Corporation, Chelmsford, Massachusetts, who became
totally or partially separated from employment on or after
February 14, 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 1st day of April, 2011


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