Certified
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TAW-85214  /  ConAgra Foods, Inc. (Dunkirk, NY)

Petitioner Type: Union
Impact Date: 04/03/2013
Filed Date: 04/08/2014
Most Recent Update: 08/21/2014
Determination Date: 08/21/2014
Expiration Date: 08/21/2016

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,214
CONAGRA FOODS, INC.
DBA THE CARRIAGE HOUSE COMPANIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
DUNKIRK, NEW YORK

TA-W-85,214A
CONAGRA FOODS, INC.
DBA THE CARRIAGE HOUSE COMPANIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
FREDONIA, NEW YORK

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 ("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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision 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 or subdivision.

The investigation was initiated in response to a petition
filed on April 8, 2014 by Service Employees International Union
(SEIU) Local 266 on behalf of workers of ConAgra Foods, Inc.,
dba The Carriage House Companies, Inc., Dunkirk, New York (TA-W-
85,214) and ConAgra Foods, Inc., dba The Carriage House
Companies, Inc., Fredonia, New York (TA-W-85,214A). The workers'
firm is engaged in activities related to the production of food
products including salad dressing, peanut butter, preserves,
jam, jelly, table syrup, flavored syrup, BBQ sauces, cocktail
sauces, "spoonable" (sic.) dressing, pasta sauce, salsa, and
beverage mixes ("articles" here-in). The worker group includes
on-site leased workers from Kelly Services.
During the course of the investigation, information was
collected from the workers' firm and the firm's major
declining customers.
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 articles by ConAgra have decreased
absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by ConAgra have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at ConAgra.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, 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.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ConAgra Foods, Inc.,
dba The Carriage House Companies, Inc., including on-site leased
workers from Kelly Services, Dunkirk, New York (TA-W-85,214) and
ConAgra Foods, Inc., dba The Carriage House Companies, Inc.,
including on-site leased workers from Kelly Services, Fredonia,
New York (TA-W-85,214A), who are engaged in activities related
to the production of food products meet the worker group
certification criteria under 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 ConAgra Foods, Inc., dba The Carriage House
Companies, Inc., including on-site leased workers from
Kelly Services, Dunkirk, New York (TA-W-85,214) and ConAgra
Foods, Inc., dba The Carriage House Companies, Inc.,
including on-site leased workers from Kelly Services,
Fredonia, New York (TA-W-85,214A), who became totally or
partially separated from employment on or after April 3,
2013 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, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."
Signed in Washington, D. C. this 21st day of August, 2014

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance