Birds Eye Foods, LLC; Fulton, NY Plant; A Wholly-Owned Subsidiary of Pinnacle Foods Group LLC; Including On-Site Leased Workers From W L Staff Svces., Inc. and Bemsa Holdings, Inc.; Fulton, New York; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance, 63874 [2012-25527]
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63874
Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices
through two years from the date of
certification, are eligible to apply for
adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as
amended.’’
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–81,009]
Birds Eye Foods, LLC; Fulton, NY
Plant; A Wholly-Owned Subsidiary of
Pinnacle Foods Group LLC; Including
On-Site Leased Workers From W L
Staff Svces., Inc. and Bemsa Holdings,
Inc.; Fulton, New York; Amended
Certification Regarding Eligibility To
Apply for Worker Adjustment
Assistance
mstockstill on DSK4VPTVN1PROD with NOTICES
In accordance with Section 223 of the
Trade Act of 1974, as amended (‘‘Act’’),
19 U.S.C. 2273, the Department of Labor
issued a Certification of Eligibility to
Apply for Worker Adjustment
Assistance on December 21, 2011,
applicable to workers and former
workers of Birds Eye Foods, LLC,
Fulton, NY Plant, a wholly-owned
subsidiary of Pinnacle Foods Group
LLC, including on-site leased workers
from W L Staff Svces., Inc., Fulton, New
York (subject firm). The Department’s
notice of determination was published
in the Federal Register on January 12,
2012 (77 FR 1951).
At the request of the State Workforce
Office, the Department reviewed the
certification for workers of the subject
firm. The workers were engaged in the
production of frozen vegetable (in three
types of cardboard box and plastic
packaging: Steamfresh®, Box Sauce, and
XL Poly), frozen complete bagged meals
(vegetable, protein, starch, and sauce),
and frozen fruit products.
The subject firm reports that workers
from BEMSA Holdings, Inc. were
employed on-site at the Fulton, New
York location of Birds Eye Foods, LLC.
The Department has determined that
these workers were sufficiently under
the control of the subject firm to be
considered leased workers. Based on
these findings, the Department is
amending this certification to include
workers leased from BEMSA Holdings,
Inc. working on-site at the Fulton, New
York location of Birds Eye Foods, LLC.
The amended notice applicable to
TA–W–81,009 is hereby issued as
follows:
‘‘All workers of Birds Eye Foods, LLC,
Fulton, NY Plant, a wholly-owned subsidiary
of Pinnacle Foods Group LLC, including onsite leased workers from W L Staff Svces.,
Inc. and BEMSA Holdings, Inc., Fulton, New
York, who became totally or partially
separated from employment on or after
February 13, 2010, through December 21,
2013, and all workers in the group threatened
with total or partial separation from
employment on the date of certification
VerDate Mar<15>2010
18:49 Oct 16, 2012
Jkt 229001
Signed in Washington, DC this 9th day of
May, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance .
[FR Doc. 2012–25527 Filed 10–16–12; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice of Determinations Regarding
Eligibility To Apply for Worker
Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended (19
U.S.C. 2273) the Department of Labor
herein presents summaries of
determinations regarding eligibility to
apply for trade adjustment assistance for
workers by (TA–W) number issued
during the period of April 30, 2012
through May 4, 2012.
In order for an affirmative
determination to be made for workers of
a primary firm and a certification issued
regarding eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(a) of the Act must be met.
I. Under Section 222(a)(2)(A), the
following must be satisfied:
(1) a significant number or proportion
of the workers in such workers’ firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
(2) the sales or production, or both, of
such firm have decreased absolutely;
and
(3) One of the following must be
satisfied:
(A) imports of articles or services like
or directly competitive with articles
produced or services supplied by such
firm have increased;
(B) imports of articles like or directly
competitive with articles into which one
or more component parts produced by
such firm are directly incorporated,
have increased;
(C) imports of articles directly
incorporating one or more component
parts produced outside the United
States that are like or directly
competitive with imports of articles
incorporating one or more component
parts produced by such firm have
increased;
(D) imports of articles like or directly
competitive with articles which are
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
produced directly using services
supplied by such firm, have increased;
and
(4) the increase in imports contributed
importantly to such workers’ separation
or threat of separation and to the decline
in the sales or production of such firm;
or
II. Section 222(a)(2)(B) all of the
following must be satisfied:
(1) a significant number or proportion
of the workers in such workers’ firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
(2) One of the following must be
satisfied:
(A) there has been a shift by the
workers’ firm to a foreign country in the
production of articles or supply of
services like or directly competitive
with those produced/supplied by the
workers’ firm;
(B) there has been an acquisition from
a foreign country by the workers’ firm
of articles/services that are like or
directly competitive with those
produced/supplied by the workers’ firm;
and
(3) the shift/acquisition contributed
importantly to the workers’ separation
or threat of separation.
In order for an affirmative
determination to be made for adversely
affected workers in public agencies and
a certification issued regarding
eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(b) of the Act must be met.
(1) a significant number or proportion
of the workers in the public agency have
become totally or partially separated, or
are threatened to become totally or
partially separated;
(2) the public agency has acquired
from a foreign country services like or
directly competitive with services
which are supplied by such agency; and
(3) the acquisition of services
contributed importantly to such
workers’ separation or threat of
separation.
In order for an affirmative
determination to be made for adversely
affected secondary workers of a firm and
a certification issued regarding
eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(c) of the Act must be met.
(1) a significant number or proportion
of the workers in the workers’ firm have
become totally or partially separated, or
are threatened to become totally or
partially separated;
(2) the workers’ firm is a Supplier or
Downstream Producer to a firm that
employed a group of workers who
E:\FR\FM\17OCN1.SGM
17OCN1
]]>Agencies
[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Page 63874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25527]
[[Page 63874]]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-81,009]
Birds Eye Foods, LLC; Fulton, NY Plant; A Wholly-Owned Subsidiary
of Pinnacle Foods Group LLC; Including On-Site Leased Workers From W L
Staff Svces., Inc. and Bemsa Holdings, Inc.; Fulton, New York; Amended
Certification Regarding Eligibility To Apply for Worker Adjustment
Assistance
In accordance with Section 223 of the Trade Act of 1974, as amended
(``Act''), 19 U.S.C. 2273, the Department of Labor issued a
Certification of Eligibility to Apply for Worker Adjustment Assistance
on December 21, 2011, applicable to workers and former workers of Birds
Eye Foods, LLC, Fulton, NY Plant, a wholly-owned subsidiary of Pinnacle
Foods Group LLC, including on-site leased workers from W L Staff
Svces., Inc., Fulton, New York (subject firm). The Department's notice
of determination was published in the Federal Register on January 12,
2012 (77 FR 1951).
At the request of the State Workforce Office, the Department
reviewed the certification for workers of the subject firm. The workers
were engaged in the production of frozen vegetable (in three types of
cardboard box and plastic packaging: Steamfresh[supreg], Box Sauce, and
XL Poly), frozen complete bagged meals (vegetable, protein, starch, and
sauce), and frozen fruit products.
The subject firm reports that workers from BEMSA Holdings, Inc.
were employed on-site at the Fulton, New York location of Birds Eye
Foods, LLC. The Department has determined that these workers were
sufficiently under the control of the subject firm to be considered
leased workers. Based on these findings, the Department is amending
this certification to include workers leased from BEMSA Holdings, Inc.
working on-site at the Fulton, New York location of Birds Eye Foods,
LLC.
The amended notice applicable to TA-W-81,009 is hereby issued as
follows:
``All workers of Birds Eye Foods, LLC, Fulton, NY Plant, a
wholly-owned subsidiary of Pinnacle Foods Group LLC, including on-
site leased workers from W L Staff Svces., Inc. and BEMSA Holdings,
Inc., Fulton, New York, who became totally or partially separated
from employment on or after February 13, 2010, through December 21,
2013, and all workers in the group threatened with total or partial
separation from employment on the date of certification through two
years from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the Trade Act
of 1974, as amended.''
Signed in Washington, DC this 9th day of May, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance .
[FR Doc. 2012-25527 Filed 10-16-12; 8:45 am]
BILLING CODE 4510-FN-P
