DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,308

SIMMONS FOODS, INC.
MCALESTER, OKLAHOMA


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 April 15, 2002, in
response to a petition filed on behalf of workers at Simmons
Foods, Inc., McAlester, Oklahoma. The workers produced chickens.
The investigation revealed that criterion (3) has not been
met.
The subject firm does not import products like or directly
competitive with those produced at the subject facility.
The investigation further revealed that production is being
shifted domestically and that the U.S. Department of Agriculture
does not permit imports of products competitive with those
produced by the subject firm.
A petition for NAFTA Transitional Adjustment Assistance was
filed on behalf of workers at the subject firm (NAFTA-5967). A
denial of that petition was issued on April 3, 2002.
Conclusion
After careful review, I determine that all workers of
Simmons Foods Inc., McAlester, Oklahoma, engaged in the
production of chickens, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 22nd day of May 2002.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance