Certified
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TAW-92645  /  Merck Sharp & Dohme Corporation (Kenilworth, NJ)

Petitioner Type: Workers
Impact Date: 02/15/2016
Filed Date: 02/15/2017
Most Recent Update: 04/21/2017
Determination Date: 04/21/2017
Expiration Date: 04/21/2019

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,645

MERCK SHARP & DOHME CORPORATION
A WHOLLY OWNED SUBSIDIARY OF MERCK & CO., INC.
MERCK RESEARCH LABORATORIES DIVISION
IN VIVO AND IN VITRO PHARMACOLOGY DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM AGILE-1
KENILWORTH, NEW JERSEY

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 February 15, 2017 on behalf of workers of Merck Sharp &
Dohme Corporation, a wholly owned subsidiary of Merck & Co.,
Inc., Merck Research Laboratories Division, In Vivo and In Vitro
Pharmacology Department, including on-site leased workers from
Agile-1, Kenilworth, New Jersey (Merck-In Vivo and In Vitro
Pharmacology). Workers of Merck-In Vivo and In Vitro Pharmacology
are engaged in activities related to the supply of pharmacology
research and development 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 Merck-In Vivo and In Vitro
Pharmacology have become totally or partially separated, or are
threatened to become totally or partially separated. A significant
number or proportion means at least fifty workers or five (5)
percent of the work force (whichever is fewer). 29 CFR 90.2
Section 222(a)(2)(B) has been met because the workers' firm
has acquired from a foreign country a portion of the supply of
services like or directly competitive with the research and
development services supplied by the subject workers which
contributed importantly to the significant number or proportion
of worker group separations at Merck-In Vivo and In Vitro
Pharmacology.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Merck-In Vivo and In
Vitro Pharmacology, who are engaged in activities related to the
supply of pharmacology research and development, 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 Merck Sharp & Dohme Corporation, a wholly
owned subsidiary of Merck & Co., Inc., Merck Research
Laboratories Division, In Vivo and In Vitro Pharmacology
Department, including on-site leased workers from Agile-1,
Kenilworth, New Jersey, who became totally or partially
separated from employment on or after February 15, 2016
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 21st day of April 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance