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TAW-95250  /  Dagoba Organic Chocolate (Ashland, OR)

Petitioner Type: State
Impact Date: 10/03/2018
Filed Date: 10/04/2019
Most Recent Update: 12/09/2019
Determination Date: 12/09/2019
Expiration Date: 12/09/2021

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,250

DAGOBA ORGANIC CHOCOLATE
A SUBSIDIARY OF THE HERSHEY COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROS
ASHLAND, OREGON

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 October 4, 2019 by a state workforce office on behalf
of workers of Dagoba Organic Chocolate, a subsidiary of The
Hershey Company, Ashland, Oregon. The workers' firm is engaged
in activities related to the production of organic chocolate.
The subject worker group includes on-site leased workers from
Express Pros.
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 workers'
firm has shifted to a foreign country the production of an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at Dagoba Organic Chocolate, a subsidiary of The
Hershey Company, Ashland, Oregon.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dagoba Organic
Chocolate, a subsidiary of The Hershey Company, including on-
site leased workers from Express Pros, Ashland, Oregon, who are
engaged in activities related to the production of organic
chocolate 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 Dagoba Organic Chocolate, a subsidiary of
The Hershey Company, including on-site leased workers
from Express Pros, Ashland, Oregon, who became totally or
partially separated from employment on or after October 3,
2018 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 9th day of December 2019.

/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance