Petitioner Type: Company
Impact Date: 09/08/2003
Filed Date: 09/13/2004
Most Recent Update: 10/21/2004
Determination Date: 10/21/2004
Expiration Date: 10/21/2006
Employment and Training Administration
TA-W-55,591
OQUOSSOC HATCHERY
A DIVISION OF ATLANTIC SALMON OF MAINE
FORMERLY KNOWN AS "FJORD SEAFOODS USA"
INCLUDING LEASED WORKERS OF COMBINED MANAGEMENT
OQUOSSOC, MAINE
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on September 13, 2004 in
response to a petition filed by a company official on behalf of
workers at Oquossoc Hatchery, a division of Atlantic Salmon of
Maine, formerly known as "Fjord Seafoods, USA", Oquossoc, Maine.
The workers at the subject firm produced juvenile salmon (smolts).
The subject firm also leased some workers from Combined
Management, Inc., Auburn, Maine.
The investigation revealed that Oquossoc Hatchery, a division
of Atlantic Salmon of Maine, formerly known as "Fjord Seafoods,
USA", Oquossoc, Maine, supplied juvenile salmon (smolts) used in
the production/processing of adult salmon, and at least 20 percent
of its production or sales is supplied to a manufacturer whose
workers were certified eligible to apply for adjustment assistance.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 1 has not been
met.
The investigation revealed that a significant number of
workers in the workers' firm are not 50 years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Oquossoc Hatchery, a
division of Atlantic Salmon of Maine, formerly known as "Fjord
Seafoods, USA", Oquossoc, Maine qualifies as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Oquossoc Hatchery, a division of Atlantic
Salmon of Maine, formerly known as "Fjord Seafoods, USA",
including leased workers of Combined Management, Inc.,
Oquossoc, Maine, who became totally or partially separated
from employment on or after September 8, 2003, through two
years from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974;" and
I further determine that all workers of Oquossoc Hatchery, a
division of Atlantic Salmon of Maine, formerly known as "Fjord
Seafoods, USA", including leased workers of Combined Management,
Inc., Oquossoc, Maine, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974."
Signed at Washington, D.C., this 21st day of October 2004.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance