Petitioner Type: Union
Impact Date: 04/12/2006
Filed Date: 04/24/2007
Most Recent Update: 06/05/2007
Determination Date: 06/05/2007
Expiration Date: 06/05/2009
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,368
KRAFT FOODS GLOBAL, INC.
POSTS CEREALS DIVISION
CURRENTLY KNOWN AS POST FOODS, LLC
DIVISION OF RALCORP
BATTLE CREEK, MICHIGAN
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on June 5, 2007,
applicable to workers of Kraft Foods Global, Inc., Post Cereals
Division, Battle Creek, Michigan. The notice was published in
the Federal Register on June 22, 2007 (72 FR 34483).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of breakfast cereal.
New information shows that as the result of a change in
ownership on August 4, 2008, Kraft Foods Global, Inc., Post
Cereals Division is currently known as Posts Foods, LLC, Division
of Ralcorp.
Accordingly, the Department is amending this certification
to show that Kraft Foods Global, Inc., Post Cereals Division is
currently known as Post Foods, LLC, Division of Ralcorp.
The amended notice applicable to TA-W-61,368 is hereby issued
as follows:
"All workers of Kraft Foods Global, Inc., Post Cereals
Division, currently known as Post Foods, LLC, Division of
Ralcorp, Battle Creek, Michigan, who became totally or
partially separated from employment on or after April 12,
2006, through June 5, 2009, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.”
I further determine that all workers of Kraft Foods Global,
Inc., Post Cereals Division, currently known as Post Foods,
LLC, Division of Ralcorp, Battle Creek, Michigan, are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C. this 11th day of August 2008.
/s/ Linda G. Poole______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,368
KRAFT FOODS GLOBAL, INC.
POST CEREALS DIVISION
BATTLE CREEK, MICHIGAN
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), as amended, 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.
This investigation was initiated on April 24, 2007 in response
to a petition filed by a United Cereal, Bakery and Food Workers,
Local 374, official on behalf of workers of Kraft Foods Global,
Inc., Post Cereals Division, Battle Creek, Michigan. The workers
produce breakfast cereal.
Production and employment at the Battle Creek facility
declined from 2005 to 2006 and in the first quarter of 2007
compared with the same period in 2006.
The subject firm has increased imports of breakfast cereals
during the period under investigation.
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 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 criteria two and three have
not been met.
The investigation revealed that the subject facility has a
significant number of workers whose skills are easily transferable
to other positions in the local area. Additionally, employment in
the breakfast cereal manufacturing sector has increased
substantially from 2004 through the present.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with breakfast cereal produced at
Kraft Foods Global, Inc., Post Cereals Division, Battle Creek,
Michigan, 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 Kraft Foods Global, Inc., Post Cereals
Division, Battle Creek, Michigan, who become totally or
partially separated from employment on or after April 12, 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.”
I further determine that all workers of Kraft Foods Global,
Inc., Post Cereals Division, Battle Creek, Michigan, 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 5th day of June 2007
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
6
Employment and Training Administration
TA-W-61,368
KRAFT FOODS GLOBAL, INC.
POSTS CEREALS DIVISION
CURRENTLY KNOWN AS POST FOODS, LLC
DIVISION OF RALCORP
BATTLE CREEK, MICHIGAN
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on June 5, 2007,
applicable to workers of Kraft Foods Global, Inc., Post Cereals
Division, Battle Creek, Michigan. The notice was published in
the Federal Register on June 22, 2007 (72 FR 34483).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of breakfast cereal.
New information shows that as the result of a change in
ownership on August 4, 2008, Kraft Foods Global, Inc., Post
Cereals Division is currently known as Posts Foods, LLC, Division
of Ralcorp.
Accordingly, the Department is amending this certification
to show that Kraft Foods Global, Inc., Post Cereals Division is
currently known as Post Foods, LLC, Division of Ralcorp.
The amended notice applicable to TA-W-61,368 is hereby issued
as follows:
"All workers of Kraft Foods Global, Inc., Post Cereals
Division, currently known as Post Foods, LLC, Division of
Ralcorp, Battle Creek, Michigan, who became totally or
partially separated from employment on or after April 12,
2006, through June 5, 2009, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.”
I further determine that all workers of Kraft Foods Global,
Inc., Post Cereals Division, currently known as Post Foods,
LLC, Division of Ralcorp, Battle Creek, Michigan, are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C. this 11th day of August 2008.
/s/ Linda G. Poole______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,368
KRAFT FOODS GLOBAL, INC.
POST CEREALS DIVISION
BATTLE CREEK, MICHIGAN
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), as amended, 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.
This investigation was initiated on April 24, 2007 in response
to a petition filed by a United Cereal, Bakery and Food Workers,
Local 374, official on behalf of workers of Kraft Foods Global,
Inc., Post Cereals Division, Battle Creek, Michigan. The workers
produce breakfast cereal.
Production and employment at the Battle Creek facility
declined from 2005 to 2006 and in the first quarter of 2007
compared with the same period in 2006.
The subject firm has increased imports of breakfast cereals
during the period under investigation.
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 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 criteria two and three have
not been met.
The investigation revealed that the subject facility has a
significant number of workers whose skills are easily transferable
to other positions in the local area. Additionally, employment in
the breakfast cereal manufacturing sector has increased
substantially from 2004 through the present.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with breakfast cereal produced at
Kraft Foods Global, Inc., Post Cereals Division, Battle Creek,
Michigan, 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 Kraft Foods Global, Inc., Post Cereals
Division, Battle Creek, Michigan, who become totally or
partially separated from employment on or after April 12, 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.”
I further determine that all workers of Kraft Foods Global,
Inc., Post Cereals Division, Battle Creek, Michigan, 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 5th day of June 2007
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
6