Petitioner Type: Union
Impact Date: 01/25/2004
Filed Date: 01/27/2005
Most Recent Update: 03/21/2005
Determination Date: 03/21/2005
Expiration Date: 03/21/2007
Employment and Training Administration
TA-W-56,410
THE AMALGAMATED SUGAR COMPANY LLC
NYSSA, OREGON
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 (19
USC 2273), as amended, 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 January 27, 2005, in
response to a petition filed by The Bakery, Confectionary, Tobacco
Workers and Grain Millers International Union, Local Union 290G on
behalf of workers of The Amalgamated Sugar Company LLC, Nyssa,
Oregon. The workers produce sugar, brown sugar, dried pulp and
molasses.
The investigation revealed that sales, production and
employment at the subject firm declined during the relevant period.
The Department of Labor surveyed the subject firms' major
declining customers regarding their purchases of sugar, brown
sugar, dried pulp and molasses in 2003, 2004 and January through
February 2005. The survey revealed a major declining customer
increased their imports of sugar, brown sugar, dried pulp and
molasses during the period under investigation.
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.
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 conclude that increases of imports of sugar, brown
sugar, dried pulp and molasses produced at The Amalgamated Sugar
Company LLC, Nyssa, Oregon 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 The Amalgamated Sugar Company LLC, Nyssa,
Oregon, who became totally or partially separated from
employment on or after January 25, 2004 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 21st day of March, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance