DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,905

CONAGRA FOODS
OMAHA, NEBRASKA

Negative Determinations 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.
The investigation was initiated on August 20, 2008 in
response to a petition filed on behalf of workers of ConAgra
Foods, Omaha, Nebraska. The workers at the subject firm are
information technology support staff providing services related
to supply chain management of the subject firm. The workers
activities involved querying software databases, software
development and monitoring.
ConAgra Foods, Omaha, Nebraska, does not produce an article
within the meaning of Section 222(a)(2) of the Act. In order to
be considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces
an article and there must be a relationship between the workers'
work and the article produced by the workers' firm or
appropriate subdivision.
The information technology workers described above do not
support a firm or appropriate subdivision that produces an
article domestically and thus the worker group cannot be
considered import impacted or affected by a shift in production
of an article.
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 order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.






Conclusion
After careful review, I determine that workers of ConAgra
Foods, Omaha, Nebraska, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are also 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 September 2008.


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