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TAW-73513  /  Farley's and Sathers Candy Company, Inc. (Round Lake, MN)

Petitioner Type: State
Impact Date: 02/17/2009
Filed Date: 02/19/2010
Most Recent Update: 08/12/2010
Determination Date: 08/12/2010
Expiration Date: 08/12/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,513

FARLEY'S AND SATHERS CANDY COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM DOHERTY STAFFING
SOLUTIONS
ROUND LAKE, MINNESOTA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on February 19, 2010, on behalf of workers of Farley's and
Sathers Candy Co., Inc., Round Lake, Minnesota. The workers
produce packaging and wrapping for confectionary products.
The worker group includes on-site leased workers from Doherty
Staffing Solutions.
The investigation revealed that workers of Farley's and
Sathers Candy Co., Inc., who are engaged in employment related
to the production of packaging and wrapping for confectionary
products, meet the criteria for certification.
Criterion I has been met because a significant proportion
or number of the workers at Farley's and Sathers Candy Co.,
Inc., have been totally or partially separated, or are
threatened with such separation, during the relevant period.
Criterion II has been met because Farley's and Sathers
Candy Co., Inc., has shifted to a foreign country the
production of an article like or directly competitive with the
packaging and wrapping for confectionary products produced by
the workers.
Criterion III has been met because the shift in
production to Mexico contributed importantly to worker group
separations at the Round Lake, Minnesota facility.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Farley's and Sathers
Candy Co., Inc., Round Lake, Minnesota, who are engaged in
employment related to production of packaging and wrapping for
confectionary products, meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:
"All workers of Farley's and Sathers Candy Co., Inc.,
including on-site leased workers from Doherty Staffing
Solutions, Round Lake, Minnesota, who became totally or
partially separated from employment on or after February
17, 2009, through two years from the date of certification,
and all workers in the group threatened with total or
partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 12th day of August, 2010

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance