Petitioner Type: Workers
Impact Date: 08/11/2004
Filed Date: 08/18/2005
Most Recent Update: 09/14/2005
Determination Date: 09/14/2005
Expiration Date: 09/14/2007
Employment and Training Administration
TA-W-57,772
BOBS CANDIES, INC.
DIVISION OF FARLEY'S AND SATHERS CANDY COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS OF
KELLY SERVICES
ALBANY, GEORGIA
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 in response to a petition
received on August 11, 2005, and filed on behalf of workers at Bobs
Candies, Inc., Division of Farley's and Sathers Candy Company,
Inc., Albany, Georgia. The workers produce hard candy/candy canes.
The decline in employment at the subject plant is related to a
shift in plant production of hard candy/candy canes to a country
(Mexico) that is a party to a free trade agreement with the United
States.
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.
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 there was a shift in production
from the workers' firm or subdivision to Mexico 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 Bobs Candies, Inc., Division of Farley's and
Sathers Candy Company, Inc., including on-site leased workers
of Kelly Services, Albany, Georgia, who became totally or
partially separated from employment on or after August 11,
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 14th day of September 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance