TAA Decision 92325
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,325
CONVATEC
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, BRIGHT SERVICES, HIRE ALTERNATIVES, PROLOGISTIX, TRS
CRAFT SERVICES, INC., TRS STAFFING SOLUTIONS, SEARCH SOLUTIONS
GROUP, AND SPECTRUM STAFFING SERVICES
GREENSBORO, NORTH CAROLINA
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 December 8, 2016, applicable to workers
and former workers of ConvaTec, including on-site leased workers
from Bright Services, Hire Alternatives, Prologostix, TRS Craft
Services, Inc., TRS Staffing Solutions, Search Solutions Group,
and Spectrum Staffing Services, Greensboro, North Carolina. The
Department’s Notice of determination will soon be published in
the Federal Register.
At the request of the State of North Carolina, the
Department reviewed the certification for workers of the subject
firm. The workers were engaged in production of ostomy and
wound care medical devices.
The company official reported in their response during the
initial investigation that workers leased from Aerotek, were
employed on-site at the Greensboro, North Carolina location of
ConvaTec; however, the Department did not identify Aerotek
workers in the determination.
Based on these findings, the Department is amending this
certification to include workers leased from Aerotek, working
on-site at the Greensboro, North Carolina location of ConvaTec.
The amended notice applicable to TA-W-92,325 is hereby
issued as follows:
“All workers of ConvaTec, including on-site leased
workers from Aerotek, Bright Services, Hire
Alternatives, Prologistix, TRS Craft Services, Inc.,
TRS Staffing Solutions, Search Solutions Group, and
Spectrum Staffing Services, Greensboro, North
Carolina, who became totally or partially separated
from employment on or after October 14, 2015, through
December 8, 2018, and all workers in the group
threatened with total or partial separation from
employment on December 8, 2016 through December 8,
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 25th day of April, 2017
/s/Del-Min Amy Chen
__________________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,325
CONVATEC
INCLUDING ON-SITE LEASED WORKERS FROM
BRIGHT SERVICES, HIRE ALTERNATIVES, PROLOGISTIX, TRS CRAFT
SERVICES, INC., TRS STAFFING SOLUTIONS, SEARCH SOLUTIONS
GROUP, AND SPECTRUM STAFFING SERVICES
GREENSBORO, NORTH CAROLINA
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 October 17, 2016 by a Company Official on behalf of
workers of ConvaTec, including on-site leased workers from
Bright Services, Hire Alternatives, Prologistix, TRS Craft
Services, Inc., TRS Staffing Solutions, Search Solutions
Group, and Spectrum Staffing Services Greensboro, North
Carolina (ConvaTec). The workers' firm is engaged in activities
related to the production of ostomy and wound care medical
devices. Workers are not separately identifiable by article
produced.
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 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 a(n)
article like or directly competitive with the articles produced
by the workers which contributed importantly to worker group
separations at ConvaTec.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ConvaTec, Greensboro,
North Carolina, who are engaged in activities related to the
production of ostomy and wound care medical devices, 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 ConvaTec, including on-site leased workers
from Bright Services, Hire Alternatives, Prologistix,
TRS Craft Services, Inc., TRS Staffing Solutions, Search
Solutions Group, and Spectrum Staffing Services,
Greensboro, North Carolina, who became totally or partially
separated from employment on or after October 14, 2015,
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 8th day of December 2016.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
