DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,955

BAYER PHARMACEUTICALS
A DIVISION OF BAYER HEALTHCARE AG
WEST HAVEN, CONNECTTICUT

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on August 12, 2002 in response
to a petition filed by the Paper, Allied-Industrial, Chemical and
Energy Workers International Union, Local 318 on behalf of workers
at Bayer Pharmaceuticals, a division of Bayer Healthcare AG, West
Haven, Connecticut. The workers manufacture pharmaceutical drugs.
The investigation revealed that criterion (3) has not been
met.
The petitioner states that layoffs are attributable to
production being moved from West Haven, Connecticut to a foreign
location.
The investigation revealed that no production has been shifted
from the subject firm plant in West Haven to a foreign location.
The investigation further revealed that the subject firm did
not import pharmaceutical drugs during the relevant period.
The investigation shows that the decline in sales, production
and employment is attributable to the company's voluntary withdraw
of a specific drug that was produced at West Haven, Connecticut.
Conclusion
After careful review, I determine that all workers at Bayer
Pharmaceuticals, a Division of Bayer Healthcare AG, West Haven,
Connecticut, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this day of October, 2002.




______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance