DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,341

DAIRY FARMERS OF AMERICA INC.
FERGUS FALLS, MINNESOTA

Negative Determination 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 eligi-
bility 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:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or sub-
division have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on May 29, 2001, in response
to a petition filed by the company on behalf of workers at Dairy
Farmers of America Inc., Fergus Falls, Minnesota. The workers were
engaged in activities related to the production of cheese.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the preponderance in the
declines in employment is related to a shift in plant production to
another affiliated domestic location. The shift in production is
the direct result of a lack of milk to supply both plants, so the
company opted for the plant which would be most beneficial for the
Dairy Farmers of America.
The investigation further revealed that the company did not
import cheese during the relevant period.
Conclusion
After careful review, I determine that all workers of Dairy
Farmers of America Inc., Fergus Falls, Minnesota, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.

Signed in Washington, D. C. this 18th day of June 2001.


/s/ Edward A. Tomchick
_____________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance