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TAW-59909  /  McCormick and Co., Inc. (Salinas, CA)

Petitioner Type: State
Impact Date: 08/14/2005
Filed Date: 08/15/2006
Most Recent Update: 08/31/2006
Determination Date: 08/31/2006
Expiration Date: 08/31/2008

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,909

MCCORMICK AND CO., INC.
CPD – SALINAS PLANT
INCLUDING ON-SITE LEASED WORKERS OF
SPHERION STAFFING GROUP
SALINAS, CALIFORNIA

Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on August 31, 2006,
applicable to workers of McCormick and Co., Inc., CPD – Salinas
Plant, Salinas, California. The notice was published in the
Federal Register on September 21, 2006 (71 FR 55216).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of spices.
New information shows that leased workers of Spherion
Staffing Group were employed on-site at the Salinas, California
location of McCormick and Co., Inc., CPD – Salinas Plant. The
Department has determined that the Spherion Staffing Group
workers were sufficiently under the control of McCormick and Co.,
Inc. to be considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Spherion Staffing
Group working on-site at the Salinas, California location of the
subject firm.
The intent of the Department’s certification is to include
all workers employed at McCormick and Co., Inc., CPD – Salinas
Plant, including on-site leased workers of Spherion Staffing
Group, Salinas, California who were adversely affected by a shift
in production to Canada.



The amended notice applicable to TA-W-59,909 is hereby
issued as follows:
"All workers of McCormick and Co., Inc., CPD-Salinas
Plant, including on-site leased workers of Spherion
Staffing Group, Salinas, California, who became totally
or partially separated from employment on or after
August 14, 2005 through August 31, 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.”
Signed at Washington, D.C. this 26th day of July 2007

/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,909

MCCORMICK AND CO. INC.
CPD – SALINAS PLANT
SALINAS, CALIFORNIA

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 on August 15, 2006, in
response to a petition filed by a California one-stop official on
behalf of workers of McCormick and Co. Inc., CPD-Salinas Plant,
Salinas, California. The workers at the subject firm produce
spices and are not separately identifiable.
This investigation revealed that the preponderance in the
declines in employment at the subject firm is related to a shift in
production of spices, to Canada, a country that is party to a free
trade agreement with the United States.
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 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 do not possess skills that are easily transferable. Competitive
conditions within the industry are adverse.



Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there has been a shift in production
from McCormick and Co. Inc., CPD-Salinas Plant, Salinas, California
to Canada of articles that are like or directly competitive with
spices produced by that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of McCormick and Co. Inc., CPD-Salinas Plant,
Salinas, California who became totally or partially separated
from employment on or after August 14, 2005, 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 31st day of August, 2006

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance











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