Petitioner Type: Union
Impact Date: 03/18/2014
Filed Date: 03/19/2015
Most Recent Update: 04/14/2015
Determination Date: 04/14/2015
Expiration Date: 04/14/2017
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,888
GENERAL MILLS
BAKERY DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD TEMP AGENCY, AEROTEK, INC., AND SONOCO
NEW ALBANY, INDIANA
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 March 12, 2015, applicable to workers from General
Mills, Bakery Division, including on-site leased
workers from Randstad Temp Agency and Aerotek, Inc.,
New Albany, Indiana. The Department’s Notice of
Determination was published in the Federal Register
on April 28, 2015 (80 FR 30490).
At the request of a State Workforce Official,
the Department reviewed the certification for workers
of the subject firm. The workers were engaged in the
production of refrigerated dough products.
The investigation confirmed that workers of
Sonoco were employed on-site at General Mills, New
Albany, Indiana and may be considered leased workers.
The amended notice applicable to TA-W-85,888 is
hereby issued as follows:
“All workers of General Mills, Bakery Division,
including on-site leased workers from Randstad Temp Agency
Aerotek, Inc., and Sonoco, New Albany, Indiana, who became
totally or partially separated from employment on or after
March 18, 2014 through April 14, 2017, 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 28th day of May, 2015.
/s/Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,888
GENERAL MILLS
BAKERY DIVISION
INCLUDING ON-SITE LEASED WORKERS
RANDSTAD TEMP AGENCY AND AEROTEK, INC.
NEW ALBANY, INDIANA
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)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision
The investigation was initiated in response to a petition
filed on March 19, 2015 by The Bakery, Confectionary, Tobacco
Workers, and Grain Millers (BCTGM) Local 33G on behalf of
workers of General Mills, Bakery Division, New Albany, Indiana
(General Mills, Bakery Division). The workers' firm is engaged
activities related to the production of refrigerated frozen
dough products. The worker group includes on-site leased
workers from Randstad Temp Agency and Aerotek, Inc.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
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)(B) has been met because the employment
decline is related to the shift in production of frozen
refrigerated products to a foreign country that is party to a
Free Trade Agreement with the United States.
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 General Mills, Bakery
Division, including on-site leased workers from Randstad Temp
Agency and Aerotek, Inc., New Albany, Indiana, who are engaged
in activities related to the production of refrigerated dough
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 General Mills, Bakery Division, including
on-site leased workers from Randstad Temp Agency and
Aerotek, Inc., New Albany, Indiana, who became totally or
partially separated from employment on or after March 18,
2014, 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 14th day of April 2015.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-85,888
GENERAL MILLS
BAKERY DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD TEMP AGENCY, AEROTEK, INC., AND SONOCO
NEW ALBANY, INDIANA
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 March 12, 2015, applicable to workers from General
Mills, Bakery Division, including on-site leased
workers from Randstad Temp Agency and Aerotek, Inc.,
New Albany, Indiana. The Department’s Notice of
Determination was published in the Federal Register
on April 28, 2015 (80 FR 30490).
At the request of a State Workforce Official,
the Department reviewed the certification for workers
of the subject firm. The workers were engaged in the
production of refrigerated dough products.
The investigation confirmed that workers of
Sonoco were employed on-site at General Mills, New
Albany, Indiana and may be considered leased workers.
The amended notice applicable to TA-W-85,888 is
hereby issued as follows:
“All workers of General Mills, Bakery Division,
including on-site leased workers from Randstad Temp Agency
Aerotek, Inc., and Sonoco, New Albany, Indiana, who became
totally or partially separated from employment on or after
March 18, 2014 through April 14, 2017, 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 28th day of May, 2015.
/s/Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,888
GENERAL MILLS
BAKERY DIVISION
INCLUDING ON-SITE LEASED WORKERS
RANDSTAD TEMP AGENCY AND AEROTEK, INC.
NEW ALBANY, INDIANA
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)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision
The investigation was initiated in response to a petition
filed on March 19, 2015 by The Bakery, Confectionary, Tobacco
Workers, and Grain Millers (BCTGM) Local 33G on behalf of
workers of General Mills, Bakery Division, New Albany, Indiana
(General Mills, Bakery Division). The workers' firm is engaged
activities related to the production of refrigerated frozen
dough products. The worker group includes on-site leased
workers from Randstad Temp Agency and Aerotek, Inc.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
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)(B) has been met because the employment
decline is related to the shift in production of frozen
refrigerated products to a foreign country that is party to a
Free Trade Agreement with the United States.
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 General Mills, Bakery
Division, including on-site leased workers from Randstad Temp
Agency and Aerotek, Inc., New Albany, Indiana, who are engaged
in activities related to the production of refrigerated dough
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 General Mills, Bakery Division, including
on-site leased workers from Randstad Temp Agency and
Aerotek, Inc., New Albany, Indiana, who became totally or
partially separated from employment on or after March 18,
2014, 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 14th day of April 2015.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance