Petitioner Type: Workers
Impact Date: 12/17/2002
Filed Date: 12/24/2003
Most Recent Update: 01/28/2004
Determination Date: 01/28/2004
Expiration Date: 01/28/2006
Employment and Training Administration
TA-W-53,884
S. J. BAILEY AND SONS, INC.
CARBONDALE PLANT
CARBONDALE, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 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 December 24, 2003 in response
to a petition filed on behalf of workers at S. J. Bailey & Sons, Inc.,
Carbondale Plant, Carbondale, Pennsylvania. The workers at the subject
firm produced wooden furniture and parts; they are not separately
identifiable by product line.
The investigation revealed that sales and employment at the
subject firm decreased absolutely from the fiscal year ending June
2002 to the fiscal year ending June 2003.
The investigation further revealed that the subject closed on
October 31, 2003.
The investigation also revealed that imports of wooden furniture
and parts by the subject firm increased during the relevant time
period.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements of
Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have been
met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that increases of imports of articles like or directly
competitive with those produced by S. J. Bailey & Sons, Inc.,
Carbondale Plant, Carbondale, Pennsylvania contributed importantly to
the total or partial separation of workers and to the decline in sales
or production at that firm. In accordance with the provisions of the
Act, I make the following certification:
"All workers of S. J. Bailey & Sons, Inc., Carbondale Plant,
Carbondale, Pennsylvania who became totally or partially
separated from employment on or after December 17, 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, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C. this 28th day of January 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance