Petitioner Type: Company
Impact Date:
Filed Date: 04/18/2003
Most Recent Update: 06/06/2003
Determination Date: 06/06/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,540
GENERAL MILLS, INC.
TOLEDO, OHIO
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on April 18, 2003 in
response to a petition filed by Bakery, Confectionery, Tobacco
Workers and Grain Millers International (BCTGM), on behalf of
workers at General Mills, Inc., Toledo, Ohio. The workers
produced cereal and cake mix.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
Sales of cereal on a company-wide basis increased from 2001
to 2002.
Aggregate U.S. imports of cereal accounted for an extremely
small portion of U.S. consumption during the relevant period.
The investigation further revealed that there were no
company imports of cereal or cake mix, nor was there a shift in
production of cereal or cake mix from the Toledo, Ohio plant to
a foreign country during the period under investigation.
The investigation also revealed that the declines in
employment at the subject plant are related to a shift in plant
production of cereal and cake mix produced at the Toledo, Ohio
facility to other General Mills, Inc., facilities in the United
States.
Conclusion
After careful review, I determine that workers producing
cereal and cake mix at General Mills, Inc., Toledo, Ohio are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 6th day of June, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance