DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,901

MCCAIN FOODS USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ASSOCIATED STAFFING, ADVANCE SERVICES, INC.,
MALACE HR, AND ESSENTIAL PERSONNEL, INC.
GRAND ISLAND, NEBRASKA

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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on May 19, 2017 by the State of Nebraska on behalf of
workers of McCain Foods USA, Inc., including on-site leased
workers from Associated Staffing, Advance Services, Inc.,
Malace HR, and Essential Personnel, Inc., Grand Island,
Nebraska (McCain). The workers' firm is engaged in activities
related to the production of frozen appetizers.
During the course of the investigation, information was
collected from 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.
Section 222(a)(2)(B) has been met because the workers'
firm has acquired from a foreign country the production of
articles like or directly competitive with those produced by the
subject workers which contributed importantly to worker group
separations at McCain.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of McCain, who are
engaged in activities related to the production of frozen
appetizers, 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 McCain Foods USA, Inc., including on-site
leased workers from Associated Staffing, Advance
Services, Inc., Malace HR, and Essential Personnel, Inc.,
Grand Island, Nebraska, who became totally or partially
separated from employment on or after May 18, 2016, 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 7th day of July 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance