Certified
« back to search results

TAW-82200  /  Covidien (Seneca, SC)

Petitioner Type: Company
Impact Date: 12/03/2011
Filed Date: 12/03/2012
Most Recent Update: 01/14/2013
Determination Date: 01/14/2013
Expiration Date: 01/14/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,200

COVIDIEN
VASCULAR THERAPY MEDICAL DEVICES
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
SENECA, SOUTH CAROLINA

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:
(1) 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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on December 3, 2012 by a company official on behalf of
workers of Covidien, Vascular Therapy Medical Devices, Seneca,
South Carolina. Workers of are engaged in activities related to
the production of medical devices (i.e. Thrombotic Embolism
Devices (T.E.D) and Sequential Compression Devices (S.C.D.). The
worker group herein known as "Covidien" also consists of on-site
leased workers from Kelly Services.
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 workers' firm
is in the process of shifting to a foreign country the production
of an article like or directly competitive with the article
produced by the workers which contributed importantly to worker
group separations at Covidien.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Covidien, Vascular
Therapy Medical Devices, including on-site leased workers from
Kelly Services, Seneca, South Carolina, who are engaged in
activities related to the production of medical devices 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, Vascular Therapy Medical Devices,
including on-site leased workers from Kelly Services,
Seneca, South Carolina, who became totally or partially
separated from employment on or after December 3, 2011
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on the 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 14th day of January, 2013.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance