Petitioner Type: Workers
Impact Date: 05/04/2003
Filed Date: 05/13/2004
Most Recent Update: 07/09/2004
Determination Date: 07/09/2004
Expiration Date: 07/09/2006
Employment and Training Administration
TA-W-54,909
ATLANTIC SALMON OF MAINE LLC
A DIVISION OF HORTON'S OF MAINE, INC.
A SUBSIDIARY OF COOKE AQUACULTURE
INCLUDING LEASED WORKERS OF COMBINES MANAGEMENT INC.
MACHIASPORT, MAINE
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, 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 on May 13, 2004, in response
to a petition on behalf of workers of Atlantic Salmon of Maine LLC,
a division of Horton's of Maine, Inc., a subsidiary of Cooke
Aquaculture, Machiasport, Maine. The workers at the subject firm
process whole, gutted Atlantic salmon.
The subject firm also leased some workers from Combined
Management, Inc., Auburn, Maine.
The investigation revealed that employment at the subject firm
decreased during the period of January through May 2003 to January
through May 2004.
Furthermore, the investigation revealed that the processing of
the whole Atlantic salmon at the subject firm is shifting from
Machiasport, Maine to a country (Canada) that is a party to a free
trade agreement with the United States.
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 1 has not been
met.
The investigation revealed that a significant number of
workers in the workers' firm are not 50 years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to Canada of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Atlantic Salmon of Maine LLC, a division of
Horton's of Maine, Inc., a subsidiary of Cooke Aquaculture,
including leased workers of Combined Management, Inc., Machiasport,
Maine who became totally or partially separated from employment on
or after May 4, 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;" and
"I further determine that all workers of Atlantic Salmon of
Maine LLC, a division of Horton's of Maine, Inc., a subsidiary of
Cooke Aquaculture, including leased workers of Combines Management,
Inc., Machiasport, Maine 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 9th day of July 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance