Certified
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TAW-93090  /  Baxter Healthcare Corporation (Englewood, CO)

Petitioner Type: State
Impact Date: 08/21/2016
Filed Date: 08/22/2017
Most Recent Update: 12/17/2017
Determination Date: 12/17/2017
Expiration Date: 12/17/2019

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,090

BAXTER HEALTHCARE CORPORATION
A SUBSIDIARY OF BAXTER INTERNATIONAL INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, APEX SYSTEMS, DELTA-PHARMA/RANDSTAD,
EVANSTON GROUP, HIREGENICS, KELLY SERVICES INC.,
KELLYMITCHELL, MANPOWER, RJ2, ROSE INTERNATIONAL INC.,
SPECTRAFORCE TECHNOLOGIES, INC., AND
SWOON TECHNOLOGY RESOURCES INC.
ENGLEWOOD, COLORADO

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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on August 22, 2017 by an one-stop operator/partner on
behalf of workers of Baxter Healthcare Corporation, a
subsidiary of Baxter International Inc., Englewood, Colorado
("Baxter Healthcare Corporation"). The workers' firm is engaged
in activities related to the supply of Research and
Development, Project Management, Regulatory Affairs, Sales,
Marketing, Customer Support, Finance, Human Resources, and IT
services. The subject worker group includes on-site leased
workers from Aerotek, Apex Systems, Delta-Pharma/Randstad,
Evanston Group, Hiregenics, Kelly Services Inc., KellyMitchell,
Manpower, RJ2, Rose International Inc., Spectraforce
Technologies, Inc., and Swoon Technology Resources Inc.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
Section 222(b)(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(b)(2) has been met because Baxter Healthcare
Corporation is a Supplier 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
is related to the finished article that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by Baxter Healthcare Corporation with the firm that
employed a certified worker group contributed importantly to
worker separations at Baxter Healthcare Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Baxter Healthcare
Corporation, a subsidiary of Baxter International Inc.,
including on-site leased workers from Aerotek, Apex Systems,
Delta-Pharma/Randstad, Evanston Group, Hiregenics, Kelly
Services Inc., KellyMitchell, Manpower, RJ2, Rose
International Inc., Spectraforce Technologies, Inc., and Swoon
Technology Resources Inc., Englewood, Colorado, who are engaged
in activities related to the supply of Research and Development,
Project Management, Regulatory Affairs, Sales, Marketing,
Customer Support, Finance, Human Resources, and IT services
meet the worker group certification criteria under Section
222(b) of the Act, 19 U.S.C. § 2272(b). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:













"All workers of Baxter Healthcare Corporation, a
subsidiary of Baxter International Inc., including on-
site leased workers from Aerotek, Apex Systems, Delta-
Pharma/Randstad, Evanston Group, Hiregenics, Kelly
Services Inc., KellyMitchell, Manpower, RJ2, Rose
International Inc., Spectraforce Technologies, Inc., and
Swoon Technology Resources Inc., Englewood, Colorado, who
became totally or partially separated from employment on or
after August 21, 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 17th day of December 2017.

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