DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,217

THE HERSHEY COMPANY
OAKDALE PLANT
INCLUDING ON-SITE LEASED WORKERS FROM HUDSON GLOBAL RESOURCES
OAKDALE, 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 September 27, 2007, in
response to a petition filed by a company official on behalf of
workers of The Hershey Company, Oakdale Plant, Oakdale,
California, producing confectionery products (chocolates).
The investigation revealed that The Hershey Company also
leased workers from Hudson Global Resources.
On June 27, 2007, the workers of the subject firm were
denied eligibility to apply for adjustment assistance (TA-W-
61,552), based on the finding that the worker separations were
attributable to a domestic shift in production of chocolates.
The subject firm had not imported or shifted production from the
Oakdale Plant to a foreign country during the time period
relevant to that investigation.
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, Oakdale Plant,
Oakdale, California, including on-site leased workers from
Hudson Global Resources, who became totally or partially
separated from employment on or after September 26, 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 1st day of October 2007

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