Petitioner Type: Company
Impact Date:
Filed Date: 05/11/2004
Most Recent Update: 06/07/2004
Determination Date: 06/07/2004
Expiration Date:
Employment and Training Administration
TA-W-54,886
GERON FURNITURE
A SUBSIDIARY OF LEGGETT AND PLATT
CARSON, CALIFORNIA
TA-W-54,886A
GERON FURNITURE
A SUBSIDIARY OF LEGGETT AND PLATT
TORRANCE, CALIFORNIA
Negative Determination 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. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on May 11, 2004 in response
to a petition filed by a representative of Communication Workers
of America, Local 9400, on behalf of workers of Geron Furniture,
a subsidiary of Leggett and Platt, Carson and Torrance,
California. The subject firm consists of the main office and
production area in Carson, and an old office, production area,
mill, and raw materials warehouse in Torrance. The workers at
the subject firm produced wood store fixtures and hospitality
furniture. The workers are not separately identifiable either
by specific product produced or location.
The subject firm leased workers from Labor Ready and U.S.
Temp at the two sites.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that separations at the Carson
and Torrance facilities are attributable to the shutdown of
production at the end of 2003 and shift of production to other
domestic facilities.
Sales and production did not decline in 2003 compared with
2002. Imports by the subject firm were relatively minor and
occurred in the period of increasing sales and production.
The firm did not shift production to any foreign country
during the relevant period.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that workers of Geron
Furniture, a subsidiary of Leggett and Platt, Carson and
Torrance, California are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974, and
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 7th day of June 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance