Petitioner Type: State
Impact Date: 09/16/2020
Filed Date: 09/17/2021
Most Recent Update: 01/05/2022
Determination Date: 01/05/2022
Expiration Date: 01/05/2024
Employment and Training Administration
TA-W-98,065
MONDELEZ GLOBAL LLC FAIR LAWN BAKERY
FAIR LAWN, NEW JERSEY
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
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 Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated September 16, 2021 and
filed on September 17, 2021 by a State Workforce Office, on behalf
of former workers of Mondelez Global LLC Fair Lawn Bakery, Fair
Lawn, New Jersey (hereafter referred to as the "group of workers").
In accordance with 20 C.F.R. 618.110 group of workers is defined
as, ""¦including teleworkers and staffed workers."
The group of workers is engaged in activities related to the
production of cookies and crackers.
The petition alleges that worker separations, or threats
thereof, were due to production of Nabisco products being shifted
to Mexico. This work location has now completely closed as of
September 19, 2021.
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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/or production of cookies and crackers at Mondelez Global LLC
Fair Lawn Bakery, Fair Lawn, New Jersey have decreased.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article produced
by Mondelez Global LLC Fair Lawn Bakery, Fair Lawn, New Jersey.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to workers'
separations and sales/production declines at Mondelez Global LLC
Fair Lawn Bakery, Fair Lawn, New Jersey.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended (Act), 19 U.S.C. § 2813, the Department 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 are adverse.
The Department has determined that criterion (II) has not
been met because workers in Mondelez Global LLC Fair Lawn Bakery,
Fair Lawn, New Jersey do possess skills that are easily
transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the workers of Mondelez Global
LLC Fair Lawn Bakery, Fair Lawn, New Jersey, engaged in
activities related to the production of cookies and crackers
meets 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 Mondelez Global LLC Fair Lawn Bakery, Fair
Lawn, New Jersey, who became totally or partially separated
from employment on or after September 16, 2020, 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 I further determine that
all workers of Mondelez Global LLC Fair Lawn Bakery, Fair
Lawn, New Jersey are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 5th day of January, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance