Certified
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TAW-62089  /  The Hershey Company (Naugatuck, CT)

Petitioner Type: State
Impact Date: 08/31/2006
Filed Date: 09/05/2007
Most Recent Update: 10/22/2007
Determination Date: 10/22/2007
Expiration Date: 10/22/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,089

THE HERSHEY COMPANY
NAUGATUCK PLANT
INCLUDING ON-SITE LEASED WORKERS FROM HUDSON GLOBAL RESOURCES
AND JACI CARROLL STAFFING
NAUGATUCK, CONNECTICUT

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 September 5, 2007, in
response to a petition filed by a company official on behalf of
workers of The Hershey Company, Naugatuck Plant, Naugatuck,
Connecticut, producing confectionery products (chocolates). In
particular the workers produce Mounds and Almond Joy chocolate
bars.
The investigation revealed that The Hershey Company also
leased workers from Hudson Global Resources and Jaci Carroll
Staffing.
The current investigation revealed that employment at the
subject firm declined in January through August 2007 when
compared with January through August 2006.
Furthermore, the subject firm has shifted a portion of the
production of confectionary products to a country (Mexico) 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 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 Mexico of articles that
are like or directly competitive with confectionery products
produced by the subject firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of The Hershey Company, Naugatuck Plant,
Naugatuck, Connecticut, including on-site leased workers
from Hudson Global Resources and Jaci Carroll Staffing, who
became totally or partially separated from employment on or
after August 31, 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 22nd day of October 2007

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