Petitioner Type: Workers
Impact Date: 04/30/3003
Filed Date: 05/03/2004
Most Recent Update: 07/07/2004
Determination Date: 07/07/2004
Expiration Date: 07/07/2006
Employment and Training Administration
TA-W-54,836
BIRDS EYE FOODS, INC.
FOND DU LAC, WISCONSIN
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its 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)(A) of
Section 222 have been met.
The investigation was initiated on May 3, 2004, in response to
a petition filed on behalf of workers at Birds Eye Foods, Inc.,
Fond du Lac, Wisconsin. The workers at the subject firm were
engaged in the labeling of canned vegetables.
The investigation revealed that sales, production and
employment at the subject firm declined from 2002 to 2003 and again
during the period from January through April 2004 compared to the
same period in 2003.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of labeled canned vegetables.
The survey revealed an increased reliance on import purchases of
labeled canned vegetables during the period under investigation.
Furthermore, the investigation revealed that there were
substantial and increasing aggregate United States imports of
labeled canned vegetables from 2002 to 2003.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment
assistance (ATAA) for older workers.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not
been met.
The investigation revealed workers in the workers' firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that an increase in reliance on imports
of articles like or directly competitive with labeled canned
vegetables produced at the subject firm contributed importantly to
the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Birds Eye Foods, Inc., Fond du Lac, Wisconsin
who became totally or partially separated from employment on
or after April 30, 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."
"I further determine that all workers of Birds Eye Foods,
Inc., Fond du Lac, Wisconsin are denied eligibility to apply
for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974."
Signed in Washington, D. C. this 7th day of July, 2004
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance