Petitioner Type: Union
Impact Date: 11/20/2005
Filed Date: 11/21/2006
Most Recent Update: 01/10/2007
Determination Date: 01/10/2007
Expiration Date: 01/10/2009
Employment and Training Administration
TA-W-60,463
COTT BEVERAGES WYOMISSING, INC.
INCLUDING ON-SITE LEASED WORKERS OF
GAGE PERSONNEL, TEMPSTAR STAFFING, AND CGI
WYOMISSING, PENNSYLVANIA
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 January 10, 2007,
applicable to workers of Cott Beverages Wyomissing, Inc.,
including on-site leased workers of Gage Personnel and Tempstar
Staffing, Wyomissing, Pennsylvania. The notice was published in
the Federal Register on January 25, 2007 (72 FR 3424).
At the request of the petitioner, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of soft drinks.
New information shows that leased workers of CGI were
employed on-site at the Wyomissing, Pennsylvania location of Cott
Beverages Wyomissing, Inc.
Based on these findings, the Department is amending this
certification to include leased workers of CGI working on-site at
Cott Beverages Wyomissing, Inc., Wyomissing, Pennsylvania.
The intent of the Department’s certification is to include
all workers employed at Cott Beverages Wyomissing, Inc.,
Wyomissing, Pennsylvania who were adversely affected by a shift
in production of soft drinks to Canada.
The amended notice applicable to TA-W-60,463 is hereby
issued as follows:
"All workers of Cott Beverages Wyomissing, Inc.,
including on-site leased workers of Gage Personnel,
Tempstar Staffing, and CGI, Wyomissing, Pennsylvania,
who became totally or partially separated from
employment on or after November 20, 2005, through
January 10, 2009, 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 4th day of June 2007.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,463
COTT BEVERAGES WYOMISSING, INC.
WYOMISSING, PENNSYLVANIA
INCLUDING ON-SITE LEASED WORKERS OF
GAGE PERSONNEL AND TEMPSTAR STAFFING
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 November 21, 2006 in
response to a petition filed by the Teamsters Local Union No. 429
on behalf of workers at Cott Beverages Wyomissing, Inc.,
Wyomissing, Pennsylvania. The workers are engaged in the
production of soft drinks.
The investigation revealed that Cott Beverages Wyomissing,
Inc., Wyomissing, Pennsylvania also leased workers from Gage
Personnel and Tempstar Staffing to produce soft drinks.
Employment at the subject plant has declined, and the subject
firm has shifted plant production of soft drinks to a country
Canada 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 addition, 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 conclude that there was a shift in production from
the workers’ firm or subdivision to Canada of articles that are
like or directly competitive with those produced at Cott Beverages
Wyomissing, Inc., Wyomissing, Pennsylvania. In accordance with the
provisions of the Act, I make the following certification:
“All workers of Cott Beverages Wyomissing, Inc., Wyomissing,
Pennsylvania, including on-site leased workers of Gage
Personnel and Tempstar Staffing, who became totally or
partially separated from employment on or after November 20,
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 10th day of January, 2007.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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