Petitioner Type: Union
Impact Date: 12/20/2004
Filed Date: 12/20/2005
Most Recent Update: 01/19/2006
Determination Date: 01/19/2006
Expiration Date: 01/20/2006
Employment and Training Administration
TA-W-58,525
GELITA USA, INC.
A GELITA NORTH AMERICA, INC. DIVISION
SERGEANT BLUFF, IOWA
Revised Determination
Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974, as amended,
(26 USC 2813), the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and a
Negative Determination Regarding Eligibility To Apply for
Alternative Trade Adjustment Assistance on January 19, 2006,
applicable to workers of GELITA USA, Inc., a GELITA North America
division, Sergeant Bluff, Iowa. The notice was published in the
Federal Register on February 3, 2006 (71 FR 5896).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
produce gelatine.
The review shows that the denial of eligibility for workers
of the subject firm to apply for ATAA was issued in error.
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.
Accordingly, the Department is revising the negative
determination regarding eligibility to apply for ATAA.
The revised notice applicable to TA-W-58,525 is hereby
issued as follows:
"All workers of GELITA USA, Inc., a GELITA North America
division, Sergeant Bluff, Iowa, who became totally or
partially separated from employment on or after December 20,
2004 through January 19, 2008, 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, as amended.
Signed in Washington, D.C., this 17th day of February 2006.
/s/ Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,525
GELITA USA, INC.
A GELITA NORTH AMERICA, INC. DIVISION
SERGEANT BLUFF, IOWA
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), 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 December 20, 2005 in response to a petition filed by the
United Food and Commercial Workers (UFCW), Local 1142 on behalf of workers at GELITA USA,
Inc., Sergeant Bluff, Iowa. Workers at the subject firm produce gelatine.
The investigation revealed that employment, sales and production at the subject firm declined
during the period of January through November 2005 when compared to the same period in 2004.
The investigation further revealed that the subject firm increased reliance on imports of
gelatine 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 2 has not been met.
The investigation revealed that workers in the workers’ firm do possess skills that are easily
transferable.
Conclusion
After careful review of the facts obtained in the investigation, I determine that increases of
imports of articles like or directly competitive with gelatine produced at GELITA USA, Inc., a
GELITA North America division, Sergeant Bluff, 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 GELITA USA, Inc., a GELITA North America division, Sergeant Bluff,
Iowa who became totally or partially separated from employment on or after December 20,
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 GELITA USA, Inc., a GELITA North America
division, Sergeant Bluff, Iowa, 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 19th day of January 2006
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance