DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,193

BOSTON SCIENTIFIC CORPORATION
PRODUCT SURVEILLANCE DEPARTMENT (QUALITY FUNCTION)
INCLUDING ON-SITE LEASED WORKERS
FROM TALENT CHOICE
MINNETONKA, MINNESOTA

TA-W-94,193A

BOSTON SCIENTIFIC CORPORATION
HUMAN RESOURCES DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS
FROM TALENT CHOICE
MINNETONKA, 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.
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 October 3, 2018 by a state workforce office on behalf of
workers of Boston Scientific Corporation, Product Surveillance
Department (Quality Function), including on-site leased workers
from Talent Choice, Minnetonka, Minnesota (TA-W-94,193) and Boston
Scientific Corporation, Human Resources Department, including on-
site leased workers from Talent Choice, Minnetonka, Minnesota (TA-
W-94,193A). Workers of Boston Scientific Corporation, Product
Surveillance Department (Quality Function), Minnetonka, Minnesota
(TA-W-94,193) are engaged in activities related to the supply of
analyzing and processing data related to product surveillance
quality. Workers of Boston Scientific Corporation, Human
Resources Department, Minnetonka, Minnesota (TA-W-94,193A) are
engaged in activities related to the supply of human resources
services.
The afore-mentioned worker groups are mutually exclusive.
Consequently, workers covered by TA-W-94,193 are not covered by
TA-W-94,193A and workers covered by TA-W-94,193A are not covered
by TA-W-94,193.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
TA-W-94,193
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Boston Scientific Corporation,
Product Surveillance Department (Quality Function), Minnetonka,
Minnesota, 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 acquired from a foreign country the supply of services like or
directly competitive with the services supplied by the subject
workers which contributed importantly to worker group separations
at Boston Scientific Corporation, Product Surveillance Department
(Quality Function), Minnetonka, Minnesota.
TA-W-94,193A
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers in
Boston Scientific Corporation, Human Resources Department,
Minnetonka, Minnesota, have not become totally or partially
separated, nor are they threatened to become totally or partially
separated.
With respect to Section 222(e) of the Act, the investigation
revealed that Criterion (1) has not been met because Boston
Scientific Corporation, Human Resources Department, Minnetonka,
Minnesota, 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.
Conclusion
After careful review of the facts obtained in the
investigation of TA-W-94,193A, I determine that the requirements
of Section 222 of the Act, 19 U.S.C. § 2272, have not been met
and, therefore, deny the petition for group eligibility of Boston
Scientific Corporation, Human Resources Department, including on-
site leased workers from Talent Choice, Minnetonka, Minnesota (TA-
W-94,193A) to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
After careful review of the facts obtained in the
investigation of TA-W-94,193, I determine that workers of Boston
Scientific Corporation, Product Surveillance Department (Quality
Function), Minnetonka, Minnesota (TA-W-94,193), who are engaged in
activities related to the supply of analyzing and processing data,
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 Boston Scientific Corporation, Product
Surveillance Department (Quality Function), including on-site
leased workers from Talent Choice, Minnetonka, Minnesota (TA-
W-94,193), who became totally or partially separated from
employment on or after October 2, 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 14th day of February 2019.

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