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TAW-91233  /  Thermo Fisher Scientific, LLC (Austin, TX)

Petitioner Type: State
Impact Date: 12/15/2014
Filed Date: 12/16/2015
Most Recent Update: 11/11/2016
Determination Date: 01/31/2016
Expiration Date: 01/31/2018

DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-91,233

THERMO FISHER SCIENTIFIC, LLC
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED UNDER THERMO FINNIGAN LLC
AND INCLUDING ON-SITE LEASED WORKERS FROM
ATR, ADECCO, AEROTEK AND KELLY SERVICES
AUSTIN, TEXAS

Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on January 31, 2016, applicable to workers
and former workers of Thermo Fisher Scientific, including on-
site leased workers from ATR, Adecco, Aerotek, and Kelly
Services, Austin, Texas. The workers are engaged in activities
related to the production of gas chromatography and mass
spectrometry analyzers.
At the request of the State Workforce Office, the
Department reviewed the certification for workers of the subject
firm.
The Department has confirmed that some workers separated
from employment at Thermo Fisher Scientific, Austin, Texas had
wages reported under an unemployment insurance (UI) account
under the name Thermo Finnigan LLC.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift to a foreign country in production of gas chromatography
and mass spectrometry analyzers, or like or directly competitive
articles which contributed importantly to worker group
separations at Thermo Fisher Scientific, Austin, Texas.
Accordingly, the Department is amending this certification to
properly reflect this matter. The amended notice applicable to
TA-W-91,233 is hereby issued as follows:
"All workers of Thermo Fisher Scientific, LLC, including
workers whose unemployment insurance (UI) wages are
reported under Thermo Finnigan LLC and including on-site
leased workers from ATR, Adecco, Aerotek, and Kelly
Services, Austin, Texas, who became totally or partially
separated from employment on or after December 15, 2014,
through January 31, 2018, and all workers in the group
threatened with total or partial separation from employment
on January 31, 2016 through January 31, 2018, 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 11th day of November, 2016

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,233

THERMO FISHER SCIENTIFIC
INCLUDING ON-SITE LEASED WORKERS FROM
ATR, ADECCO, AEROTEK AND KELLY SERVICES
AUSTIN, TEXAS

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 16, 2015 by an American Job Center on behalf
of workers of Thermo Fisher Scientific, including on-site
leased workers from ATR, Adecco, Aerotek, and Kelly Services,
Austin, Texas. The workers' firm is engaged in activities
related to the production of gas chromatography and mass
spectrometry analyzers.
During the course of the investigation, information was
collected from the petitioner and 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 has shifted 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 Thermo Fisher Scientific, including on-site
leased workers from ATR, Adecco, Aerotek, and Kelly Services,
Austin, Texas.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Thermo Fisher
Scientific, including on-site leased workers from ATR, Adecco,
Aerotek, and Kelly Services, Austin, Texas, who are engaged in
activities related to the production of gas chromatography and
mass spectrometry analyzers 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 Thermo Fisher Scientific, including on-
site leased workers from ATR, Adecco, Aerotek, and Kelly
Services, Austin, Texas, who became totally or partially
separated from employment on or after December 15, 2014
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 31st day of January, 2016

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance