Petitioner Type: Workers
Impact Date:
Filed Date: 03/01/2006
Most Recent Update: 03/27/2006
Determination Date: 03/27/2006
Expiration Date:
Employment and Training Administration
TA-W-58,942
THE HOLMES GROUP
A SUBSIDIARY OF JARDEN CORPORATION
SEDALIA, MISSOURI
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 investigation was initiated on March 1, 2006 in response
to a petition filed on behalf of workers at The Holmes Group, a
subsidiary of Jarden Corporation, Sedalia, Missouri. The subject
facility deals with two products: ice cream makers, and cups and
straws. Workers at the facility are not separately identifiable by
product.
Workers at the subject facility assemble ice cream makers from
components sourced elsewhere. A wooden bucket, motor assembly, and
various accessories are packed for shipment to an affiliated
domestic facility. This work will be transferred to the affiliated
facility itself upon the shutdown of the Sedalia facility on April
28, 2006.
In addition to the ice cream makers, workers also receive bulk
straws and cups, then count and package them into smaller
containers to be shipped to a single customer.
The investigation revealed that workers engaged in packaging
straws and cups at The Holmes Group, a subsidiary of Jarden
Corporation, Sedalia, Missouri do not produce an article within
the meaning of Section 222(a)(2) of the Act. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces
an article and there must be a relationship between the workers'
work and the article produced by the workers' firm or appropriate
subdivision. The straw and cup packagers described above do not
support a firm or appropriate subdivision that produces a related
article domestically and thus the worker group can not be
considered import impacted or affected by a shift in production
of an article.
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 The
Holmes Group, a subsidiary of Jarden Corporation, Sedalia,
Missouri 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 27th day of March, 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance