DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,051

MEDTRONIC
STRUCTURAL HEART
BROOKLYN PARK, MINNESOTA

TA-W-83,051A

MEDTRONIC
SPRING LAKE PARK, MINNESOTA

TA-W-83,051B

MEDTRONIC
CORPORATE HEADQUARTERS
FRIDLEY, MINNESOTA

TA-W-83,051C

MEDTRONIC
NEUROMODULATION
800-53RD Avenue NE
FRIDLEY, MINNESOTA

TA-W-83,051D

MEDTRONIC
NEUROMODULATION
7000 Central Avenue NE
FRIDLEY, MINNESOTA

TA-W-83,051E

MEDTRONIC
CORPORATE/PRL
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP LLC, SDK SOFTWARE, INC., INFOTREE SERVICE, INC.,
DOCS GLOBAL, INC., PRO STAFF, DONATECH CORPORATION, KEYSTONE
COMPUTER SOLUTIONS, INC., VOLT SERVICES GROUP, CLINFORCE, LLC,
SELECT SOURCE INTERNATIONAL, KELLY SERVICES, INC., ALLEGIS
GROUP, INC., AND HOSPITAL EMPLOYEE LABOR POOL, INC.
COON RAPIDS, MINNESOTA


Determinations 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(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.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers' firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers'
firm was directly incorporated have increased.
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers' separation or
threat of separation.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers
of a Supplier or a Downstream Producer, the following criteria
must be met:
(1) a significant number or proportion of the workers in the
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) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received
a certification of eligibility under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), and such supply or
production is related to the article or service that was
the basis for such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed importantly
to the workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on September 4, 2013 by a state workforce official, on
behalf of workers of Medtronic, Structural Heart, Brooklyn Park,
Minnesota (TA-W-83,051); Medtronic, Spring Lake Park, Minnesota
(TA-W-83,051A); Medtronic, Corporate Headquarters, Fridley,
Minnesota (TA-W-83,051B); Medtronic, Neuromodulation, 800-53RD
Avenue NE, Fridley, Minnesota (TA-W-83,051C); Medtronic,
Neuromodulation, 7000 Central Avenue NE, Fridley, Minnesota (TA-W-
83,051D); and Medtronic, Corporate/PRL, Coon Rapids, Minnesota
(TA-W-83,051E).
The workers of Medtronic, Structural Heart, Brooklyn Park,
Minnesota (TA-W-83,051) are engaged in activities related to the
production of cardiopulmonary products. The workers are not
separately identifiable by article produced.
The Medtronic, Spring Lake Park, Minnesota (TA-W-83,051A)
facility closed in September 2010. As such, no articles were
produced and no services were supplied during the relevant period.
The workers of Medtronic, Corporate Headquarters, Fridley,
Minnesota (TA-W-83,051B) are engaged in activities related to the
supply of real estate services and strategic sourcing services.
The workers are not separately identifiable by service supplied.
The workers of Medtronic, Neuromodulation, 800-53RD Avenue NE,
Fridley, Minnesota (TA-W-83,051C) are engaged in activities
related to the production of implantable drug pump components,
spinal cord stimulation leads and components, gastric stimulation
leads, deep brain stimulation extensions, and components, and drug
infusion catheters and components. The workers are not separately
identifiable by article produced.
The workers of Medtronic, Neuromodulation, 7000 Central
Avenue NE, Fridley, Minnesota (TA-W-83,051D) are engaged in
activities related to the supply of research services, design
services, regulatory services, marketing services, communication
services, and education services. The workers are not separately
identifiable by service supplied.
The workers of Medtronic, Corporate/PRL, Coon Rapids,
Minnesota (TA-W-83,051E) are engaged in activities related to the
supply of preclinical, biomaterials, analytical, and
toxicological services. The workers are not separately
identifiable by service supplied. The worker group includes on-
site leased workers from Populus Group LLC, SDK Software, Inc.,
Infotree Service, Inc., DOCS Global, Inc., Pro Staff, Donatech
Corporation, Keystone Computer Solutions, Inc., VOLT SERVICES
GROUP, ClinForce, LLC, Select Source International, Kelly
Services, Inc., Allegis Group, Inc., and Hospital Employee Labor
Pool, Inc.
The petitioner alleged the following: "The Minnesota Road
Response team has received multiple reports of direct job
outsourcing at four Medtronic locations throughout Minnesota
within the last two months. In Fridley, the Corporate Real Estate
and Strategic Sourcing and Procurement teams continue to shrink in
size due to work shifts overseas. In Coon Rapids, animal research
has shifted from Minnesota to China. In Coon Rapids, the PRL
facility has seen a 25% reduction in research projects, and
workers have reported cross-training in China. Fifty positions in
the Structural Heart unit in Brooklyn Park have been outsourced
overseas, and another 50 positions (medical education, training,
IT, and marketing) have been outsourced at the Fridley and Spring
Lake Park locations."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that workers of Medtronic,
Structural Heart, Brooklyn Park, Minnesota (TA-W-83,051);
Medtronic, Spring Lake Park, Minnesota (TA-W-83,051A); Medtronic,
Corporate Headquarters, Fridley, Minnesota (TA-W-83,051B);
Medtronic, Neuromodulation, 800-53RD Avenue NE, Fridley, Minnesota
(TA-W-83,051C); and Medtronic, Neuromodulation, 7000 Central
Avenue NE, Fridley, Minnesota (TA-W-83,051D) do not meet the
criteria for certification.
In regard to Medtronic, Spring Lake Park, Minnesota (TA-W-
83,051A), the investigation revealed that, with respect to Section
222(a) and Section 222(b) of the Act, Criterion (1) has not been
met because the firm did not employ a worker group during the
relevant time period. A worker group means that the firm must have
at least three full-time workers during the year preceding the
Trade Adjustment Assistance (TAA) petition date. The subject firm
did not meet this threshold level.
In regard to Medtronic, Neuromodulation, 800-53RD Avenue NE,
Fridley, Minnesota (TA-W-83,051C), the investigation revealed
that, with respect to Section 222(a) and Section 222(b) of the
Act, Criterion (1) has not been met because a significant number
or proportion of the workers in such workers' firm, have not
become totally or partially separated, nor are they threatened to
become totally or partially separated.
In regard to Medtronic, Structural Heart, Brooklyn Park,
Minnesota (TA-W-83,051); Medtronic, Corporate Headquarters,
Fridley, Minnesota (TA-W-83,051B); and Medtronic, Neuromodulation,
7000 Central Avenue NE, Fridley, Minnesota (TA-W-83,051D), the
investigation revealed that with respect to Section
222(a)(2)(A)(ii) of the Act, imports of articles or services
like or directly competitive with articles or services produced
or supplied by the workers of the aforementioned groups (TA-W-
83,051, TA-W-83,051B, and TA-W-83,051D) have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
articles or services like or directly competitive with the
articles or services produced or supplied by the workers of the
aforementioned groups (TA-W-83,051, TA-W-83,051B, and TA-W-
83,051D) to a foreign country or acquire like or directly
competitive articles or services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Medtronic, Structural Heart, Brooklyn
Park, Minnesota (TA-W-83,051); Medtronic, Corporate Headquarters,
Fridley, Minnesota (TA-W-83,051B); and Medtronic, Neuromodulation,
7000 Central Avenue NE, Fridley, Minnesota (TA-W-83,051D) are not
Suppliers or Downstream Producers to a firm that employed a group
of workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section
222(e) of the Act have not been satisfied because Medtronic has
not been publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
The investigation further revealed that workers of Medtronic,
Corporate/PRL, Coon Rapids, Minnesota (TA-W-83,051E) meet the
criteria for certification.
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
has shifted to a foreign country the supply of services like or
directly competitive with the preclinical, biomaterials,
analytical, and toxicological services supplied by the workers
which contributed importantly to worker group separations at
Medtronic, Corporate/PRL, Coon Rapids, Minnesota (TA-W-83,051E).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222 of
the Act, 19 U.S.C. § 2272, have not been met by all petitioning
worker groups and, therefore, deny the petition for group
eligibility of Medtronic, Structural Heart, Brooklyn Park,
Minnesota (TA-W-83,051); Medtronic, Spring Lake Park, Minnesota
(TA-W-83,051A); Medtronic, Corporate Headquarters, Fridley,
Minnesota (TA-W-83,051B); Medtronic, Neuromodulation, 800-53RD
Avenue NE, Fridley, Minnesota (TA-W-83,051C); and Medtronic,
Neuromodulation, 7000 Central Avenue NE, Fridley, Minnesota (TA-W-
83,051D) to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
In addition, I determine that workers of Medtronic,
Corporate/PRL, Coon Rapids, Minnesota (TA-W-83,051E) 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 Medtronic, Corporate/PRL, including on-site
leased workers from Populus Group LLC, SDK Software, Inc.,
Infotree Service, Inc., DOCS Global, Inc., Pro Staff,
Donatech Corporation, Keystone Computer Solutions, Inc.,
VOLT SERVICES GROUP, ClinForce, LLC, Select Source
International, Kelly Services, Inc., Allegis Group, Inc.,
and Hospital Employee Labor Pool, Inc., Coon Rapids,
Minnesota (TA-W-83,051E), who became totally or partially
separated from employment on or after August 26, 2012 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 February, 2014


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