Merck Sharp & Dohme Corporation; A Subsidiary of Merck & Co., Inc.; Research And Development Group; Including On-Site Leased Workers From Agile-1 And Lancaster Laboratories; West Point, Pennsylvania; Notice of Revised Determination on Reconsideration, 49817-49818 [2014-19949]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Pages 49817-49818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19949]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-83,194]


Merck Sharp & Dohme Corporation; A Subsidiary of Merck & Co., 
Inc.; Research And Development Group; Including On-Site Leased Workers 
From Agile-1 And Lancaster Laboratories; West Point, Pennsylvania; 
Notice of Revised Determination on Reconsideration

    On April 8, 2014, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Merck Sharp & Dohme Corp., (MSD), a Subsidiary of 
Merck & Co., Inc., West Point, Pennsylvania. The appropriate 
subdivision was later identified as Merck Sharp & Dohme Corporation, a 
subsidiary of Merck & Co., Inc., Research and Development Group, West 
Point, Pennsylvania (hereafter referred to as the ``R&D Group'' or 
``subject firm''). The Notice was published in the Federal Register on 
April 29, 2014 (79 FR 24013).
    In the request for reconsideration, the petitioner stated that the 
initial investigation of this petition was too broad and did not 
examine how the functions of the workers of the R&D Group may have been 
impacted by outsourcing and/or increased imports of like or directly 
competitive services. Further, the petitioner stated that workers of 
Merck Sharpe & Dohme Corporation, Merck Research Labs, Disease Area 
Biology, In Vitro/In Vivo, Kenilworth, New Jersey (case TA-W-81,413) 
were certified eligible to apply for adjustment assistance on May 18, 
2012 and alleged that workers of the subject firm were impacted by 
similar circumstances and should also be certified eligible to apply 
for 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.

    During the reconsideration investigation, the Department collected 
information from the petitioner, a former worker of the R&D Group, and 
the subject firm in order to confirm previously supplied information, 
address allegations, narrow the scope of the investigation to the R&D 
Group, and collect new information to determine whether foreign 
competition impacted the operations at the subject firm.
    The reconsideration investigation revealed that the workers in the 
R&D Group were impacted by a foreign acquisition of R&D functions like 
or directly competitive with the functions supplied by the workers, 
which contributed importantly to separations in the R&D Group.
    The reconsideration investigation also revealed that the worker 
group includes on-site leased workers from Agile-1 and Lancaster 
Laboratories.
    Based upon the findings of the reconsideration investigation, the 
Department finds that 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.
    The Department also finds that Section 222(a)(2)(B) has been met 
because the workers' firm has partially acquired from a foreign country 
services like or directly competitive with the services supplied by the 
workers, which contributed importantly to worker group separations at 
the subject firm.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I determine that workers of Merck Sharp & Dohme 
Corporation, a subsidiary of Merck & Co., Inc., Research and 
Development Group, West Point, Pennsylvania, who were engaged in 
employment related to the supply of research and development services, 
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 Merck Sharp & Dohme Corporation, a subsidiary of 
Merck & Co., Inc., Research and Development Group, including on-site 
leased workers from Agile-1 and Lancaster Laboratories, West Point, 
Pennsylvania who became totally or partially separated from 
employment on or after November 1, 2012, through two years from the 
date of this certification, and all workers in the group threatened 
with total or partial

[[Page 49818]]

separation from employment on 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, DC, this 12th day of August 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-19949 Filed 8-21-14; 8:45 am]
BILLING CODE 4510-FN-P