DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,117

GEORGE WESTON BAKERIES, INC.
ACCOUNTS PAYABLE DEPARTMENT
BAY SHORE, NEW YORK

Negative Determination 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;


B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on October 12, 2005, in
response to a petition filed by a company official on behalf of
workers of George Weston Bakeries, Inc., Accounts Payable
Department, Bay Shore, New York. The workers were engaged in
accounts payable activities in support of company-wide production
of baked goods.
The investigation revealed that criteria I.C and II.B were not
met.
The investigation revealed that subject firm did not shift
production of baked goods to an offshore location and although the
company imported baked goods the imports were negligible.
The predominant cause of the layoffs at the subject firm was
related to a shift of its accounts payable operations (not its
production of baked goods) to Canada where its parent company is
headquartered.

The investigation also revealed that George Weston Bakeries,
Inc.'s sales in the United States account for the overwhelming
portion of sales by the parent company. Although the company
reported small sales declines in Canadian dollars, those declines
are due to converting United States dollars, into Canadian dollars
over the past two years. The exchange rate accounts for company
sales (Canadian Dollars) declines 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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of George
Weston Bakeries, Inc., Accounts Payable Department, Bay Shore, New
York, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 7th day of November 2005.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance