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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

    

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