Petitioner Type: State
Impact Date: 07/25/2004
Filed Date: 07/28/2005
Most Recent Update: 09/09/2005
Determination Date: 09/09/2005
Expiration Date: 09/09/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,634
GENERAL HENRY BISCUIT
A DIVISION OF
ARCHWAY & MOTHER'S COOKIE COMPANY
DUQUOIN, 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 (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 July 28, 2005, in response
to a petition filed by a State representative on behalf of workers
of General Henry Biscuit, a Division of Archway Mother's Cookies,
Duqoin, Illinois. The workers produce fig bars and jelly top
cookies.
The investigation revealed that employment and production
declined absolutely when the facility closed in August 2005.
The Department of Labor conducted a survey of the subject
firm's major customers regarding their purchases of fig bars and
jelly top cookies in 2003, 2004 and January through July 2005.
These surveys revealed increases in import purchases during the
relevant period.
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 a there is not a significant
number of workers at the 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 fig bars and jelly top cookies
produced by General Henry Biscuit, a Division of Archway Mother's
Cookies, Duqoin, Illinois, 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 General Henry Biscuit, a Division of Archway &
Mother's Cookies, Duqoin, Illinois, who became totally or
partially separated from employment on or after July 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
I further determine that all workers of General Henry Biscuit,
a Division of Archway & Mother's Cookies, Duqoin, Illinois, are
denied to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 9th day of September, 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance