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TAW-94059  /  West Virginia University Research Corporation (Morgantown, WV)

Petitioner Type: Workers
Impact Date: 08/10/2017
Filed Date: 08/13/2018
Most Recent Update: 12/11/2018
Determination Date: 12/11/2018
Expiration Date: 12/11/2020

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,059

WEST VIRGINIA UNIVERSITY RESEARCH CORPORATION
WEST VIRGINIA UNIVERSITY CLINICAL & PHARMACOLOGIC RESEARCH
CENTER
INCLUDING ON-SITE LEASED WORKERS FROM
UNIVERSITY HEALTH ASSOCIATES
MORGANTOWN, WEST VIRGINIA

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 13, 2018, by three workers on behalf of workers
of West Virginia University Research Corporation, West
Virginia University Clinical & Pharmacologic Research Center,
Morgantown, West Virginia. The worker group includes on-site
leased workers from University Health Associates. The subject
worker group is engaged in activities related to the supply of
clinical trial services.
During the course of the investigation, information was
collected from the petitioner and the workers' firm.
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 West Virginia
University Research Corporation, West Virginia University
Clinical & Pharmacologic Research Center, Morgantown, West
Virginia 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 service that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by West Virginia University Research Corporation,
West Virginia University Clinical & Pharmacologic Research
Center, Morgantown, West Virginia with the firm that employed
a certified worker group contributed importantly to worker
separations at West Virginia University Research Corporation,
West Virginia University Clinical & Pharmacologic Research
Center, Morgantown, West Virginia.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of West Virginia
University Research Corporation, West Virginia University
Clinical & Pharmacologic Research Center, Morgantown, West
Virginia, who are engaged in activities related to the supply of
clinical trial 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 West Virginia University Research
Corporation, West Virginia University Clinical &
Pharmacologic Research Center, including on-site leased
workers from University Health Associates, Morgantown, West
Virginia, who became totally or partially separated from
employment on or after August 10, 2017, 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 11th day of December 2018.

/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance