Petitioner Type: Workers
Impact Date: 11/24/2003
Filed Date: 12/03/2004
Most Recent Update: 01/05/2005
Determination Date: 01/05/2005
Expiration Date: 01/05/2007
BUSINESS CONFIDENTIAL
TA-W-56,138
MONEY'S FOODS U.S., INC.
FENNVILLE, MICHIGAN
TA-W-56,138A
MONEY'S FOODS U.S., INC.
HOWE, INDIANA
Determination and Basis
Shift in production to a country with a free trade agreement/beneficiary
(C-4)
Previous Determination: N/A
Number of Workers Affected: TA-W-56,138---268
TA-W-56,138A--257
Total Number of Workers: TA-W-56,138---268
TA-W-56,138A--257
Petitioner: Workers
Product: Mushrooms
SIC: 0182
DETERMINATION DATES:
Institution Date: 12/03/2004
Petition Date: 11/24/2004
Impact Date: 11/24/2003
File: S:\ONR\OADWTAAR\DTAA\WPDOCS\CASE\T1\56138
Investigator: Heather Wiehe
Supporting Evidence
NOTE: Richard Hataaja, Farm Manager, asked that the petition be expanded
to cover the Howe, Indiana location. Mr. Hataaja explained that both
farms serviced the same customers.
Money's Food U.S., Inc., Fennville, Michigan and Howe, Indiana are the
subject of this investigation. The workers produce mushrooms at both
locations.
Production, sales and employment will decline absolutely on January 10,
2005, when the company shifts 100 percent of its production to Canada.
Approximately 268 and 257 workers were separated from Fennville, Michigan
and Howe, Indiana, respectively, during the relevant period.
The skills of the workers are not easily transferable and conditions
within the industry are adverse.
Department of Labor
Employment and Training Administration
TA-W-56,138
MONEY'S FOODS U.S., INC.
FENNVILLE, MICHIGAN
TA-W-56,138A
MONEY'S FOODS U.S., INC.
HOWE, INDIANA
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 on December 3, 2004 in response to a
petition filed on behalf of workers at Money's Foods U.S., Inc.,
Fennville, Michigan (TA-W-56,138). A company official requested that the
investigation be expanded to include workers at the Howe, Indiana
location (TA-W-56,138A). The workers at both facilities produce
mushrooms.
The investigation revealed that employment declined absolutely in
January of 2005 due to permanent closure of both locations.
Furthermore, the subject firm shifted production of mushrooms to a
country (Canada) that is party to a free trade agreement with the United
States during the relevant period.
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 these cases
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 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 Money's Food U.S., Inc., Fennville, Michigan
(TA-W-56,138), and Howe, Indiana (TA-W-56,138A), who became totally
or partially separated from employment on or after November 24,
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 5th day of January 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance