DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,401

CONAGRA FOODS
CONAGRA GROCERY PRODUCTS COMPANY
MILTON, PENNSYLVANIA

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
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:
(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
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate 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 22, 2002 in response
to a petition filed by United Food and Commercial Workers
International Union, Local 38 on behalf of workers at ConAgra
Foods, ConAgra Grocery Products Company, Milton, Pennsylvania.
Workers at the subject firm produce canned pasta, mustard, and
glazed popcorn and are separately identifiable by product line.
The investigation revealed that criterion (2) has not been met
for workers at the subject firm producing mustard.
The investigation revealed that production of mustard at the
subject firm increased absolutely during the relevant period.
Furthermore, the investigation revealed that criterion (3) has
not been met for workers at the subject firm producing canned pasta
and glazed popcorn.
The investigation revealed that the subject firm did not
import canned pasta or glazed popcorn during the relevant period.
Moreover, it was determined that separations at the subject firm
were due to increased automation as well as a domestic shift in
production of canned pasta.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed by United Food and Commercial
Workers International Union, Local 38 on behalf of workers at the
subject firm (NAFTA-5879).






Conclusion
After careful review, I determine that all workers at ConAgra
Foods, ConAgra Grocery Products Company, Milton, Pennsylvania
engaged in employment related to the production of canned pasta,
mustard, and glazed popcorn are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 28th day of June, 2002.


/s/ Linda G. Poole

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