TAA Decision 75308
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-75,308
C.R. BARD
GLENS FALLS DIVISION
INCLUDING ON-SITE LEASED WORKERS
FROM KEENA PEOPLE AND INTEGRATED STAFFING
QUEENSBURY, NEW YORK
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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm must
have become totally or partially separated or be threatened
with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(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
(i)(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.
III. The third criterion requires that the shift/acquisition must
have contributed importantly to the workers' separation or
threat of separation. (Set forth in Section 222(a)(2)(B)(ii)
of the Act, 19 U.S.C. § 2272(a)(2)(B)(ii)).
The investigation was initiated in response to a petition
filed on February 15, 2011 by a state workforce office on behalf
of workers of C.R. Bard, Inc., Glens Falls Division, Queensbury,
New York (C.R. Bard). The workers are engaged in activities related
to the production of diagnostic, therapeutic, and drainage
catheters. Workers are not separately identifiable by article
produced. The worker group includes on-site leased workers from
Keena People and Integrated Staffing.
The investigation revealed that workers of C.R. Bard, who are
engaged in activities related to production of diagnostic,
therapeutic, and drainage catheters, meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of workers in the workers' firm have become totally or
partially separated or are threatened with total or partial
separation.
Criterion II has been met because there has been a shift in
production of diagnostic and therapeutic catheters by C.R. Bard to
Mexico.
Criterion III has been met because the shift in production of
diagnostic and therapeutic catheters by C.R. Bard contributed
importantly to worker group separations at C.R. Bard.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of C.R. Bard, Inc., Glens
Falls Division, including on-site leased workers from Keena People
and Integrated Staffing, Queensbury, New York, who are engaged in
activities related to the production of diagnostic, therapeutic,
and drainage catheters, 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 C.R. Bard, Inc., Glens Falls Division,
including on-site leased workers from Keena People and
Integrated Staffing, Queensbury, New York, who became totally
or partially separated from employment on or after February
14, 2010, 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 15th day of April, 2011
/s/Elliott S. Kushner_________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance