Petitioner Type: State
Impact Date: 04/04/2006
Filed Date: 04/13/2007
Most Recent Update: 05/04/2007
Determination Date: 05/04/2007
Expiration Date: 05/04/2009
Employment and Training Administration
TA-W-61,307
SIMPLY ASIA FOODS INCORPORATED
A SUBSIDIARY OF MCCORMICK & COMPANY INCORPORATED
UNION CITY, 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 April 13, 2007, in
response to a petition filed by a state representative on behalf
of workers of Simply Asia Foods Incorporated, A subsidiary of
McCormick & Company Incorporated, Union City, California. The
workers perform warehousing and administration functions in
support of a trade certified affiliate.
The investigation revealed that the decline in employment
at the subject firm is related in part to the shift in
production of spices by an affiliated facility whose workers
were certified eligible to apply for adjustment assistance based
on a shift in production of spices to a country (Canada) that is
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 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 determine that a shift in production from the
subject firm to Canada of articles like or directly competitive
with spices produced by McCormick and Company Incorporated
contributed importantly to the decline in sales or production
and to the total or partial separation of workers of that firm
or subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Simply Asia Foods Incorporated, A
subsidiary of McCormick & Company Incorporated, Union City,
California, who became totally or partially separated from
employment on or after April 4, 2006 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 4th day of May 2007.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance