Petitioner Type: Union
Impact Date: 02/13/2010
Filed Date: 10/25/2011
Most Recent Update: 12/21/2011
Determination Date: 12/21/2011
Expiration Date: 12/21/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,009
BIRDS EYE FOODS, LLC
FULTON, NY PLANT
A WHOLLY-OWNED SUBSIDIARY OF PINNACLE FOODS GORUP LLC
INCLUDING ON-SITE LEASED WORKERS FROM W L STAFF SVCES., INC. AND
BEMSA Holdings, Inc.
FULTON, NEW YORK
Amended 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 issued a
Certification of Eligibility to Apply for Worker Adjustment
Assistance on December 21, 2011, applicable to workers and former
workers of Birds Eye Foods, LLC, Fulton, NY Plant, a wholly-owned
subsidiary of Pinnacle Foods Group LLC, including on-site leased
workers from W L Staff Svces., Inc., Fulton, New York (subject
firm). The Department’s notice of determination was published in
the Federal Register on January 12, 2012 (77 FR 1951).
At the request of the State Workforce Office, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in the production of frozen vegetable (in
three types of cardboard box and plastic packaging: Steamfresh®,
Box Sauce, and XL Poly), frozen complete bagged meals (vegetable,
protein, starch, and sauce), and frozen fruit products.
The subject firm reports that workers from BEMSA Holdings,
Inc. were employed on-site at the Fulton, New York location of
Birds Eye Foods, LLC. The Department has determined that these
workers were sufficiently under the control of the subject firm to
be considered leased workers. Based on these findings, the
Department is amending this certification to include workers leased
from BEMSA Holdings, Inc. working on-site at the Fulton, New York
location of Birds Eye Foods, LLC.
The amended notice applicable to TA-W-81,009 is hereby issued
as follows:
"All workers of Birds Eye Foods, LLC, Fulton, NY Plant, a
wholly-owned subsidiary of Pinnacle Foods Group LLC,
including on-site leased workers from W L Staff Svces.,
Inc. and BEMSA Holdings, Inc., Fulton, New York, who
became totally or partially separated from employment on
or after February 13, 2010, through December 21, 2013,
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 9th day of May, 2012
/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,009
BIRDS EYE FOODS, LLC
FULTON, NY PLANT
A WHOLLY-OWNED SUBSIDIARY OF PINNACLE FOODS GORUP LLC
INCLUDING ON-SITE LEASED WORKERS FROM W L STAFF SVCES., INC.
FULTON, NEW YORK
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:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed on October 25, 2011 by the Workers United Rochester Regional
Joint Board on behalf of workers of Birds Eye Foods, LLC, Fulton,
NY Plant, a wholly-owned subsidiary of Pinnacle Foods Group LLC,
Fulton, New York (Birds Eye Foods). The workers’ firm was engaged
in activities related to the production of frozen vegetables,
frozen bagged meals, and frozen fruit products. The worker group
includes workers from W L Staff Svces., Inc.
During the course of the investigation, information was
collected from the workers’ firm and from the U.S. Department of
Agriculture, Economic Research Service website.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in such workers’ firm have become totally
or partially separated, or are threatened to become totally or
partially separated.
Section 222(a)(2)(A)(i) has been met because the sales and
production of frozen vegetables, frozen bagged meals, and frozen
fruit products by Birds Eye Foods have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because aggregate U.S.
imports of articles like or directly competitive with the articles
produced by Birds Eye Foods have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased aggregate U.S. imports contributed importantly to the
worker group separations and sales/production declines at Birds Eye
Foods.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Birds Eye Foods, LLC,
Fulton, NY Plant, a wholly-owned subsidiary of Pinnacle Foods Group
LLC, including on-site leased workers from W L Staff Svces., Inc.,
Fulton, New York, who are engaged in activities related to the
production of frozen vegetables, frozen bagged meals, and frozen
fruit 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 Birds Eye Foods, LLC, Fulton, NY Plant, a
wholly-owned subsidiary of Pinnacle Foods Group LLC, including
on-site leased workers from W L Staff Svces., Inc., Fulton,
New York, who became totally or partially separated from
employment on or after February 13, 2010, 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 21st day of December, 2011.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
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Employment and Training Administration
TA-W-81,009
BIRDS EYE FOODS, LLC
FULTON, NY PLANT
A WHOLLY-OWNED SUBSIDIARY OF PINNACLE FOODS GORUP LLC
INCLUDING ON-SITE LEASED WORKERS FROM W L STAFF SVCES., INC. AND
BEMSA Holdings, Inc.
FULTON, NEW YORK
Amended 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 issued a
Certification of Eligibility to Apply for Worker Adjustment
Assistance on December 21, 2011, applicable to workers and former
workers of Birds Eye Foods, LLC, Fulton, NY Plant, a wholly-owned
subsidiary of Pinnacle Foods Group LLC, including on-site leased
workers from W L Staff Svces., Inc., Fulton, New York (subject
firm). The Department’s notice of determination was published in
the Federal Register on January 12, 2012 (77 FR 1951).
At the request of the State Workforce Office, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in the production of frozen vegetable (in
three types of cardboard box and plastic packaging: Steamfresh®,
Box Sauce, and XL Poly), frozen complete bagged meals (vegetable,
protein, starch, and sauce), and frozen fruit products.
The subject firm reports that workers from BEMSA Holdings,
Inc. were employed on-site at the Fulton, New York location of
Birds Eye Foods, LLC. The Department has determined that these
workers were sufficiently under the control of the subject firm to
be considered leased workers. Based on these findings, the
Department is amending this certification to include workers leased
from BEMSA Holdings, Inc. working on-site at the Fulton, New York
location of Birds Eye Foods, LLC.
The amended notice applicable to TA-W-81,009 is hereby issued
as follows:
"All workers of Birds Eye Foods, LLC, Fulton, NY Plant, a
wholly-owned subsidiary of Pinnacle Foods Group LLC,
including on-site leased workers from W L Staff Svces.,
Inc. and BEMSA Holdings, Inc., Fulton, New York, who
became totally or partially separated from employment on
or after February 13, 2010, through December 21, 2013,
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 9th day of May, 2012
/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,009
BIRDS EYE FOODS, LLC
FULTON, NY PLANT
A WHOLLY-OWNED SUBSIDIARY OF PINNACLE FOODS GORUP LLC
INCLUDING ON-SITE LEASED WORKERS FROM W L STAFF SVCES., INC.
FULTON, NEW YORK
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:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed on October 25, 2011 by the Workers United Rochester Regional
Joint Board on behalf of workers of Birds Eye Foods, LLC, Fulton,
NY Plant, a wholly-owned subsidiary of Pinnacle Foods Group LLC,
Fulton, New York (Birds Eye Foods). The workers’ firm was engaged
in activities related to the production of frozen vegetables,
frozen bagged meals, and frozen fruit products. The worker group
includes workers from W L Staff Svces., Inc.
During the course of the investigation, information was
collected from the workers’ firm and from the U.S. Department of
Agriculture, Economic Research Service website.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in such workers’ firm have become totally
or partially separated, or are threatened to become totally or
partially separated.
Section 222(a)(2)(A)(i) has been met because the sales and
production of frozen vegetables, frozen bagged meals, and frozen
fruit products by Birds Eye Foods have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because aggregate U.S.
imports of articles like or directly competitive with the articles
produced by Birds Eye Foods have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased aggregate U.S. imports contributed importantly to the
worker group separations and sales/production declines at Birds Eye
Foods.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Birds Eye Foods, LLC,
Fulton, NY Plant, a wholly-owned subsidiary of Pinnacle Foods Group
LLC, including on-site leased workers from W L Staff Svces., Inc.,
Fulton, New York, who are engaged in activities related to the
production of frozen vegetables, frozen bagged meals, and frozen
fruit 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 Birds Eye Foods, LLC, Fulton, NY Plant, a
wholly-owned subsidiary of Pinnacle Foods Group LLC, including
on-site leased workers from W L Staff Svces., Inc., Fulton,
New York, who became totally or partially separated from
employment on or after February 13, 2010, 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 21st day of December, 2011.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
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