Petitioner Type: Workers
Impact Date: 06/30/2004
Filed Date: 07/14/2005
Most Recent Update: 09/13/2005
Determination Date: 09/13/2005
Expiration Date: 09/13/2007
Employment and Training Administration
TA-W-57,547
ARCHWAY & MOTHERS COOKIE COMPANY
RED BUD, ILLINOIS
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, 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)(A) of Section 222 have been met.
The investigation was initiated on July 14, 2005 in
response to a petition filed on behalf of workers of Archway &
Mothers Cookie Company, Red Bud, Illinois. The workers
performed distribution and warehousing activities related to the
production of cookies produced by the firm.
In order to be considered eligible to apply for trade
adjustment assistance under Section 223 of the Trade Act of
1974, the subject worker group must work for a firm or
appropriate subdivision that produces an article domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision.
The investigation has revealed that the distribution and
warehousing workers in Red Bud, Illinois, supported the
production of fig bars and jelly top cookies produced by an
affiliated firm, whose workers were certified eligible to apply
for trade adjustment assistance.
In addition, 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 1 has not been
met.
The investigation revealed that none of the workers of the
subject firm are age 50 or over.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with cookies produced by Archway &
Mother's Cookies 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 Archway & Mothers Cookie Company, Red Bud,
Illinois, who became totally or partially separated from
employment on or after June 30, 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 Archway & Mothers
Cookie Company, Red Bud, Illinois, 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 13th day of September 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance