Petitioner Type: State
Impact Date: 01/13/2021
Filed Date: 01/14/2022
Most Recent Update: 03/23/2022
Determination Date: 03/23/2022
Expiration Date: 03/23/2024
Employment and Training Administration
TA-W-98,168
THE HAIN CELESTIAL GROUP, INC.
BILLING DEPARTMENT
LAKE SUCCESS, NEW YORK
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 January 13, 2022, and
filed on January 14, 2022, by a State Workforce Office, on behalf
of former workers of The Hain Celestial Group, Inc., Billing
Department, Lake Success, New York (hereafter referred to as the
"worker group"). In accordance with 20 C.F.R. 618.110 a worker
group is defined as, ""¦inclusive of teleworkers and staffed
workers."
The group of workers on whose behalf the petition was filed
concerns clerical workers in the Billing Department at Lake
Success, New York. Workers process invoices for the company's
customers and this work supports production activities for The
Hain Celestial Group's MaraNatha Brand division, Ashland, Oregon
(TA-W-98,158 and TA-W-98,158A), which produces nut butter
products.
The petition alleges that worker separations, or threats
thereof, were due to, "Services were shifted to India."
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
production of nut butter products of the workers' firm have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article produced
by the workers' firm have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at workers' firm.
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 (i.e., conditions within the industry
are adverse).
The Department determined that Section 246 (a)(3)(A)(ii)(I)
has not been met because the workers' firm did not employ a
significant number of workers that are 50 years of age or older.
Zero workers age 50 and older were reported.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Hain Celestial
Group, Inc., Billing Department, Lake Success, New York, who are
engaged in activities related to the production of nut butter
products, meet the worker group certification criteria under
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 The Hain Celestial Group, Inc., Billing
Department, Lake Success, New York, who became totally or
partially separated from employment on or after January 13,
2021, 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 The Hain Celestial
Group, Inc., Billing Department, Lake Success, New York, 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 23rd day of March, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance