Petitioner Type: Workers
Impact Date: 10/10/2002
Filed Date: 10/16/2003
Most Recent Update: 11/13/2003
Determination Date: 11/13/2003
Expiration Date: 11/13/2005
Employment and Training Administration
TA-W-53,264
BURLINGTON HOUSE FINISHING
A DIVISION OF BURLINGTON HOUSE
BURLINGTON, NORTH CAROLINA
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated November 18, 2004, a company official,
requested ATAA consideration for workers at the subject firm
located in Burlington, North Carolina.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the home furnishing industry are
adverse.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers at the subject
firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Burlington House Finishing, a division of
Burlington House, Burlington, North Carolina who became
totally or partially separated from employment on or after
October 10, 200 through November 13, 2005 are eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 12th day of January 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,264
BURLINGTON HOUSE FINISHING
A DIVISION OF BURLINGTON HOUSE
BURLINGTON, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on October 16, 2003, in
response to a petition filed on behalf of workers of Burlington
House Finishing, a division of Burlington House, Burlington, North
Carolina. The workers at the subject firm are engaged in
employment related to the Division’s production of mattress
ticking, bedding and window products, and commercial contract
interior furnishing.
The investigation revealed that sales, production, and
employment at the subject facility decreased from 2001 and 2002,
and during the period of January through September of 2003 when
compared to the same period in 2002.
The Department of Labor surveyed the subject facility’s major
declining customers regarding their purchases of mattress ticking,
bedding, and windows products. This survey revealed increases in
customer imports of mattress ticking, bedding, and window products
during the period under investigation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with mattress ticking, bedding, and
window products produced at Burlington House Finishing, a division
of Burlington House, Burlington, North Carolina contributed
importantly to the total or partial separation of workers and to
the decline in sales or production and at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Burlington House Finishing, a division of
Burlington House, Burlington, North Carolina, who became
totally or partially separated from employment on or after
October 10, 2002, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 13th day of November, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.