DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,092

COVIDIEN
FORMERLY ASPECT MEDICAL
R & MS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND TOTAL TECHNICAL SERVICES
NORWOOD, MASSACHUSETTS

Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on May 20, 2011,
applicable to workers of Covidien, formerly Aspect Medical, R &
MS Division, including on-site leased workers from Kelly
Services, Norwood, Massachusetts. The workers are engaged in
activities related to the production of medical sensors and
monitors. The notice will be published soon in the Federal
Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that workers leased from Total Technical
Services were employed on-site at the Norwood, Massachusetts
location of Covidien, formerly Aspect Medical, R & MS Division.
The Department has determined that these workers were
sufficiently under the control of Covidien, formerly Aspect
Medical, R & MS Division to be considered leased workers.
The intent of the Department’s certification is to include
all workers of the subject firm adversely affected by the shift
in production of medical sensors and monitors to Singapore.
Based on these findings, the Department is amending this
certification to include workers leased from Total Technical
Services working on-site at the Norwood, Massachusetts location
of the subject firm.


The amended notice applicable to TA-W-80,092 is hereby
issued as follows:
"All workers of Covidien, formerly Aspect Medical, R &
MS Division, including on-site leased workers from
Kelly Services and Total Technical Services, Norwood,
Massachusetts, who became totally or partially
separated from employment on or after April 4, 2010,
through May 20, 2013, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 15th day of June 2011

/s/ Michael W. Jaffe
______
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,092

COVIDIEN
FORMERLY ASPECT MEDICAL
R & MS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
NORWOOD, MASSACHUSETTS

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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:
(1) a significant number or proportion of the workers
in such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated, or
are threatened to become totally or partially separated;
(2)(B)(i) there has been a shift in production by such
workers’ firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers’ firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or
(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

The investigation was initiated in response to a petition
filed on April 6, 2011 by a company official on behalf of workers
of Covidien, formerly Aspect Medical, R & MS Division, including
on-site leased workers from Kelly Services, Norwood,
Massachusetts. The workers’ firm is engaged activities related to
the production of medical sensors and monitors.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because the employment
decline is attributable to the shift in production of medical
sensors and monitors to a foreign country that is party to a Free
Trade Agreement with the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers in the workers’ firm are 50 years of age or
older.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers’ firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Covidien, formerly
Aspect Medical, R & MS Division, Norwood, Massachusetts, who are
engaged in activities related to the production of medical sensors
and monitors 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 Covidien, formerly Aspect Medical, R & MS
Division, including on-site leased workers from Kelly
Services, Norwood, Massachusetts, who became totally or
partially separated from employment on or after April 4,
2010, 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, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D. C. this 20th day of May, 2011


/s/Michael W. Jaffe___________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance





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