Certified
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TAW-91758  /  Alexander & Baldwin, LLC (Puunene, HI)

Petitioner Type: Union
Impact Date: 04/26/2015
Filed Date: 04/29/2016
Most Recent Update: 08/30/2016
Determination Date: 08/30/2016
Expiration Date: 08/30/2018

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,758

ALEXANDER & BALDWIN, LLC
HAWAIIAN COMMERCIAL & SUGAR COMPANY
A WHOLLY-OWNED SUBSIDIARY OF ALEXANDER & BALDWIN, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXCEPTIONAL INC. DBA EMPLOYERS OPTIONS
PUUNENE, HAWAII

TA-W-91,758A

ALEXANDER & BALDWIN, LLC
HAWAIIAN COMMERCIAL & SUGAR COMPANY
A WHOLLY-OWNED SUBSIDIARY OF ALEXANDER & BALDWIN, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXCEPTIONAL INC. DBA EMPLOYERS OPTIONS
PUUNENE, HAWAII

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 April 29, 2016 by the International Longshore &
Warehouse Union (ILWU), Local 142 on behalf of workers of
Alexander & Baldwin, LLC, Hawaiian Commercial & Sugar Company,
a wholly-owned subsidiary of Alexander & Baldwin, Inc.,
including on-site leased workers from Exceptional Inc. dba
Employers Options, Puunene, Hawaii (herein referred to as
"Hawaiian Commercial & Sugar Company"). The workers' firm is
engaged in activities related to the production of bulk raw
sugar, specialty food grade sugars, and molasses. The workers'
firm also leases agricultural land to third parties and
generates and sells electricity.
The worker group was certified eligible to apply for
Trade Adjustment Assistance (TAA) under petition number TA-W-
91,593. The determination covers workers who have been
totally or partially separated from employment on or after
November 16, 2014 through November 16, 2016.
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and the major
declining customer(s) of the workers' firm.
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. Code of Federal
Regulations (CFR), Title 29, Subtitle A, Part 90.2 defines
significant number or proportion of the workers as "...total or
partial separations, or both, in a firm or appropriate
subdivision thereof, are the equivalent to a total
unemployment of five percent (5 percent) of the workers or 50
workers, whichever is less..."
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of bulk raw sugar, specialty food grade
sugars, molasses, land leases, and electricity by Hawaiian
Commercial & Sugar Company have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
articles produced by Hawaiian Commercial & Sugar Company have
increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the
aforementioned worker group separations and sales/production
declines at Hawaiian Commercial & Sugar Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Alexander & Baldwin,
LLC, Hawaiian Commercial & Sugar Company, a wholly-owned
subsidiary of Alexander & Baldwin, Inc., including on-site
leased workers from Exceptional Inc. dba Employers Options,
Puunene, Hawaii, who are engaged in activities related to the
production of bulk raw sugar, specialty food grade sugars,
molasses, land leases, and electricity 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 Alexander & Baldwin, LLC, Hawaiian
Commercial & Sugar Company, a wholly-owned subsidiary of
Alexander & Baldwin, Inc., including on-site leased
workers from Exceptional Inc. dba Employers Options,
Puunene, Hawaii (TA-W-91,758), who have been threatened
with total or partial separation from employment on or
after April 26, 2015 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,
All workers of Alexander & Baldwin, LLC, Hawaiian
Commercial & Sugar Company, a wholly-owned subsidiary of
Alexander & Baldwin, Inc., including on-site leased
workers from Exceptional Inc. dba Employers Options,
Puunene, Hawaii (TA-W-91,758A), who have been totally or
partially separated from employment on or after November
17, 2016 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 30th day of August 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance