Petitioner Type: Unknown
Impact Date: 04/14/2002
Filed Date: 04/24/2003
Most Recent Update: 05/23/2003
Determination Date: 05/23/2003
Expiration Date: 05/23/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,587
NESTLE USA
CONFECTIONS AND SNACKS DIVISION
FULTON, NEW YORK
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on May 23,
2003, applicable to workers of Nestle USA, Confections and Snacks
Division located in Fulton, New York. The notice was published
in the Federal Register on June 19, 2003 (68 FR 36846).
The Department reviewed the certification for workers of the
subject firm. The workers produce chocolate crunch, white crunch,
chunky and wonka candy bars.
The review shows that the Department inadvertently set the
incorrect impact date. The Federal Register notice shows April
14, 2003 as the impact date for TA-W-51,587, and should be
April 14, 2002. Therefore, the Department is amending
certification to reflect the correct impact date to read April
14, 2002.
The amended notice applicable to TA-W-51,587 is hereby
issued as follows:
"All workers of Nestle USA, Confections and Snack Division,
Fulton, New York, who became totally or partially separated
from employment on or after April 14, 2002, through May 23,
2005, are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974."
Signed at Washington, D.C., this 30th day of June 2003.
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,587
NESTLE USA
CONFECTIONS AND SNACKS DIVISION
FULTON, NEW YORK
Certification 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated April 24, 2003 in response to
a petition filed by the International Retail, Wholesale, Department
Store Union; Local 1974 on behalf of workers at Nestle USA,
Confections and Snacks Division, Fulton, New York. The workers at
the subject firm produced chocolate crunch, white crunch, chunky
and wonka candy bars.
The investigation revealed that employment at the subject firm
declined from 2001 to 2002. Employment also decline from January
through March 2003 when compared to the same time period in 2002.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of chocolate crunch,
white crunch, chunky and wonka candy bars to a country (Brazil) and
will increase imports following the shift.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm to a foreign country of articles that are like or
directly competitive with those produced by the subject firm or
subdivision, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
“All workers of Nestle USA, Confections and Snacks Division,
Fulton, New York, who became totally or partially separated
from employment on or after April 14, 2003, through two years
from the date of certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.”
Signed in Washington, D.C. this 23rd day of May 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,587
NESTLE USA
CONFECTIONS AND SNACKS DIVISION
FULTON, NEW YORK
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on May 23,
2003, applicable to workers of Nestle USA, Confections and Snacks
Division located in Fulton, New York. The notice was published
in the Federal Register on June 19, 2003 (68 FR 36846).
The Department reviewed the certification for workers of the
subject firm. The workers produce chocolate crunch, white crunch,
chunky and wonka candy bars.
The review shows that the Department inadvertently set the
incorrect impact date. The Federal Register notice shows April
14, 2003 as the impact date for TA-W-51,587, and should be
April 14, 2002. Therefore, the Department is amending
certification to reflect the correct impact date to read April
14, 2002.
The amended notice applicable to TA-W-51,587 is hereby
issued as follows:
"All workers of Nestle USA, Confections and Snack Division,
Fulton, New York, who became totally or partially separated
from employment on or after April 14, 2002, through May 23,
2005, are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974."
Signed at Washington, D.C., this 30th day of June 2003.
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,587
NESTLE USA
CONFECTIONS AND SNACKS DIVISION
FULTON, NEW YORK
Certification 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated April 24, 2003 in response to
a petition filed by the International Retail, Wholesale, Department
Store Union; Local 1974 on behalf of workers at Nestle USA,
Confections and Snacks Division, Fulton, New York. The workers at
the subject firm produced chocolate crunch, white crunch, chunky
and wonka candy bars.
The investigation revealed that employment at the subject firm
declined from 2001 to 2002. Employment also decline from January
through March 2003 when compared to the same time period in 2002.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of chocolate crunch,
white crunch, chunky and wonka candy bars to a country (Brazil) and
will increase imports following the shift.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm to a foreign country of articles that are like or
directly competitive with those produced by the subject firm or
subdivision, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
“All workers of Nestle USA, Confections and Snacks Division,
Fulton, New York, who became totally or partially separated
from employment on or after April 14, 2003, through two years
from the date of certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.”
Signed in Washington, D.C. this 23rd day of May 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance