Certified
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TAW-56727  /  Stinson Seafood (Bath, ME)

Petitioner Type: Company
Impact Date: 03/04/2004
Filed Date: 03/10/2005
Most Recent Update: 04/14/2005
Determination Date: 04/14/2005
Expiration Date: 04/14/2007


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,727

STINSON SEAFOODS
DIVISION OF BUMBLE BEE SEAFOODS, LLC
INCLUDING ON-SITE LEASED WORKERS OF LAO TEMPORARY SERVICES, INC.
BATH, 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 (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 March 10, 2005, in response
to a petition filed by a company official on behalf of workers of
Stinson Seafoods, Division of Bumble Bee Seafoods, LLC, Bath,
Maine. The workers at the subject firm produce canned sardine
products.


The investigation revealed that the subject firm leased on-
site workers from LAO Temporary Services, Inc.
The investigation also revealed that sales, production and
employment at the subject firm declined during the relevant period.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of sardine products in 2003,
2004 and January through February 2005. These surveys revealed
increases in customer imports of this product 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.
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 that the skills of the workers are
easily transferable to positions within the local commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with sardine products produced at
Stinson Seafoods, Division of Bumble Bee Seafoods, LLC, Bath, Maine
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 Stinson Seafoods, Division of Bumble Bee
Seafoods, LLC, including on site leased workers of LAO
Temporary Services, Inc., Bath, Maine who became totally or
partially separated from employment on or after March 4, 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
I further determine that all workers of Stinson Seafoods,
Division of Bumble Bee Seafoods, LLC, including on-site leased
workers of LAO Temporary Services, Inc., Bath, 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 14th day of April, 2005.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance