Petitioner Type: Company
Impact Date: 05/18/2004
Filed Date: 05/23/2005
Most Recent Update: 07/25/2005
Determination Date: 07/25/2005
Expiration Date: 07/25/2007
Employment and Training Administration
TA-W-57,236
PINNACLE FOODS
VANDEKEMP DIVISION OF PINNACLE FOODS GROUP
INCLUDING LEASED WORKERS OF
ADECCO EPLOYMENT SERVICE AND
PALLADIUM EMPLOYMENT
ERIE, PENNSYLVANIA
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on July 25, 2005,
applicable to workers of Pinnacle Foods, VanDeKamp Division of
Pinnacle Foods Group, Erie, Pennsylvania. The notice will be
published soon in the Federal Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of fish products and French toast
sticks.
New information shows that leased workers of Adecco
Employment Service and Palladium Employment were employed at the
Erie, Pennsylvania location of Pinnacle Foods, VanDeKamp Division
of Pinnacle Foods Group.
Based on these findings, the Department is amending this
certification to include leased workers of Adecco Employment
Service and Palladium Employment working at Pinnacle Foods,
VanDeKamp Division of Pinnacle Foods Group, Erie, Pennsylvania.
The intent of the Department's certification is to include
all workers employed at Pinnacle Foods, VanDeKamp Division of
Pinnacle Foods Group, Erie, Pennsylvania who were adversely
affected by increased imports.
The amended notice applicable to TA-W-57,236 is hereby
issued as follows:
"All workers of Pinnacle Foods, VanDeKamp Division of
Pinnacle Foods Group, including leased workers of
Adecco Employment Service and Palladium Employment,
Erie, Pennsylvania, who became totally or partially
separated from employment on or after May 18, 2004,
through July 25, 2007, 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 at Washington, D.C., this 3rd day of August 2005
/s/ Richard Church
________________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,236
PINNACLE FOODS
VANDEKAMP DIVISION OF PINNACLE FOODS GROUP
ERIE, PENNSYLVANIA
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 May 23, 2005 in response to
a petition filed by a company official on behalf of workers at
Pinnacle Foods, VanDeKamp Division of Pinnacle Foods Group, Erie,
Pennsylvania. Workers at the subject firm produce fish products
and French toast sticks.
The investigation revealed that sales, production, and
employment at the subject firm decreased during the relevant time
period.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of fish products and
French toast sticks during 2003, 2004 and January through April
2005 over the corresponding 2004 period. The survey revealed
increased customer imports of fish products and French toast sticks
during the relevant period.
In addition, in accordance with Section 246 of 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 an increase in imports of articles
like or directly competitive with fish products and French toast
sticks produced at the subject firm 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 Pinnacle Foods, VanDeKamp Division of Pinnacle
Foods Group, Erie, Pennsylvania, who became totally or
partially separated from employment on or after May 18, 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 25th day of July 2005
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance