Petitioner Type: Workers
Impact Date: 05/26/2004
Filed Date: 06/16/2005
Most Recent Update: 07/05/2005
Determination Date: 07/05/2005
Expiration Date: 07/05/2007
Employment and Training Administration
TA-W-57,395
NELLSON NUTRACEUTICAL
EASTERN BAR DIVISION
CATO, NEW YORK
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 June 16, 2005 in response
to a petition filed on behalf of workers at Nellson Nurtraceutical,
Eastern Bar Division, Cato, New York. The workers were engaged in
the production of protein based nutritional bars.
The investigation revealed that employment at the subject
plant declined. The investigation further revealed that the
subject firm shifted production of protein based nutritional bars
to a country (Canada) that is a party to a Free Trade Agreement
with the United States.
In addition, 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 conclude 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 at Nellson Nurtraceutical, Eastern Bar
Division, Cato, New York, who became totally or partially
separated from employment on or after May 26, 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 5th day of July 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance