DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,288

MIDDLEBY MARSHALL INC.
SOUTHBEND DIVISION
INCLUDING LEASED WORKERS OF
EXPRESS TEMPORARY SERVICES
FUQUAY VARINA, NORTH CAROLINA


Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974
(19 USC 2273) as amended by the Omnibus Trade and Competitiveness
Act of 1988 (P. L. 100-418), the Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance
each of the group eligibility requirements of Section 222 of the
Act must be met. It is determined in this case that all of the
requirements have been met.
The investigation was initiated on November 6, 2000 in
response to a petition filed on behalf of workers at Middleby
Marshall Inc., Southbend Division, Fuquay Varina, North Carolina,
producing deep fryers.
The investigation revealed that the workers separated from
employment at the subject firm were temporary workers leased from
Manpower Agency, to produce deep fryers at the Fuquay Varina,
North Carolina, plant.
The investigation further revealed that the subject firm
ceased production of deep fryers at the Fuquay Varina plant in
October 2000. The company is relying on imports of deep fryers
to replace production at the subject firm.
Conclusion
After careful review of the facts obtained in the investi-
gation, I conclude that increases of imports of articles like or
directly competitive with deep fryers produced at Middleby
Marshall Inc., Southbend Division, Fuquay Varina, North Carolina,
contributed importantly to the decline in sales or production and
to the total or partial separation of workers of that firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Middleby Marshall Inc., Southbend Division,
Fuquay Varina, North Carolina, engaged in employment related
to the production of deep fryers, including leased workers
Manpower Agency, producing deep fryers at Middleby Marshall,
Inc., Southbend Division, Fuquay Varina, North Carolina, who
became totally or partially separated from employment on or
after October 23, 1999, through two years from the date of
certification, are eligible to apply for adjustment assis-

tance under Section 223 of the Trade Act of 1974."

Signed in Washington, D. C. this 5th day of February, 2001
/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance