Petitioner Type: Workers
Impact Date:
Filed Date: 04/29/2002
Most Recent Update: 07/11/2002
Determination Date: 07/11/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,422
MCCAIN FOODS USA INCORPORATED
ANCHOR APPETIZER GROUP
APPLETON, WISCONSIN
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 subdi-
vision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or appro-
priate 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 1, 2002 in response
to a petition filed on behalf of workers at McCain Foods USA, Inc.,
Anchor Appetizer Group, Appleton, Wisconsin. The workers produced
frozen appetizers.
The investigation revealed that criterion (3) has not been
met.
Sales at the subject plant decreased less than 5% in 2001
compared to 2000 and increased in January-March 2002 compared to
the same period in 2001.
Layoffs at the subject plant were due to a consolidation of
support services with functions at the company's corporate
headquarters in New Brunswick, Canada following the acquisition
of Anchor Food Products by McCain Foods Ltd. in the third quarter
of 2001 and to the automation of packaging and stacking at the
subject plant.
Conclusion
After careful review, I determine that all workers of McCain
Foods USA, Inc., Anchor Appetizer Group, Appleton, Wisconsin are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 11th day of July, 2002
/s/Edward A. Tomchick_____
EDWARD A. TOMCHICK
Certifying Officer, Division of
Trade Adjustment Assistance