Petitioner Type: Company
Impact Date: 11/10/2003
Filed Date: 11/19/2004
Most Recent Update: 12/02/2004
Determination Date: 12/02/2004
Expiration Date: 12/02/2006
Employment and Training Administration
TA-W-56,043
DIAGEO CHATEAU & ESTATE WINES
CARNEROS PRODUCTION & DISTRIBUTION FACILITY
INCLUDING LEASED WORKERS OF REMEDY INTELLIGENT STAFFING,
ALKAR, YOH SCIENTIFIC AND NELSON
SONOMA, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 in response to a petition
received on November 19, 2004, and filed on behalf of workers at
Diageo Chateau & Estate Wines, Carneros Production & Distribution
Facility, Sonoma, California. The workers produced wine.
The investigation revealed that Diageo Chateau & Estate Wines,
Carneros Production & Distribution Facility, Sonoma, California,
leased workers from Remedy Intelligent Staffing, Alkar, Nelson, and
Yoh Scientific and these leased workers were engaged in the
production of wine at Diageo Chateau & Estate Wines, Carneros
Production & Distribution Facility, Sonoma, California.
The investigation further revealed that the declines in
employment at the subject firm are related to the subject firm
shifting its production of wine to Italy.
The investigation also revealed that aggregate imports of
wine increased during 2003 as compared with 2002, and also
during the period January through September 2004 as compared
with the same period of 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 order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
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 Italy 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 Diageo Chateau & Estate Wines, Carneros
Production & Distribution Facility, Sonoma, California,
including leased workers of Remedy Intelligent Staffing,
Alkar, Yoh Scientific, and Nelson working at Diageo Chateau &
Estate Wines, Carneros Production & Distribution Facility,
Sonoma, California, who became totally or partially separated
from employment on or after November 10, 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 are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C. this 2nd day of December 2004.
/s/ Elliott Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance