Petitioner Type: Workers
Impact Date: 08/11/2003
Filed Date: 08/12/2004
Most Recent Update: 09/08/2004
Determination Date: 09/08/2004
Expiration Date: 11/29/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,427
ALEXVALE/KINCAID FURNITURE
A SUBSIDIARY OF LA-Z-BOY
ADMINISTRATIVE OFFICES
TAYLORSVILLE, NORTH CAROLINA
Notice of Revised Determination
On Reopening
On November 9, 2004, the Department, on its own motion,
reopened its investigation for the former workers of the subject
facility.
The initial investigation for workers of Kincaid Furniture,
Taylorsville, North Carolina resulted in a negative determination
issued on September 8, 2004 and published in the Federal Register
on September 23, 2004 (69 FR 57093). The petition was denied
because criterion (1) was not met. The investigation revealed no
decline in employment during the relevant time period.
By application of September 23, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers
of the subject facility to apply for Trade Adjustment Assistance
(TAA).
On October 27, 2004, the Department issued a Negative
Determination Regarding Application for Reconsideration applicable
to workers and former workers of the subject facility on the
grounds that the application did not contain any new substantial
information that would bear importantly on the Department’s
determination denying certification because the subject facility
did not have a “significant number or proportion” of workers who
were separated or threatened with separation to meet the
requirement of section 222(a)(1) of the Trade Act of 1974, as
amended. The Notice of the determination was published in the
Federal Register on November 5, 2004 (69 FR 64592).
Upon further consultation with the petitioner, new information
revealed the petitioner intended to apply on behalf of the
Administrative Offices supporting production at the subject
facility, rather than the facility as a whole.
A company official was contacted in regards to the
Administrative Offices at the Taylorsville facility. It was
revealed that the workers of the Administrative Offices are
separately identifiable from the rest of the workers at the subject
facility, and there were significant declines in employment within
the Administrative Offices between December 2003 and August 2004.
Furthermore, the Administrative Offices of the subject facility
provide accounting, human resources, IT, purchasing, and general
clerical support of the production which occurs at the subject
facility. Furthermore, production of upholstered furniture at the
subject facility declined during the period of January through
August 2004, when compared to the same period in 2003. Company
imports of upholstered furniture increased during the same period.
It was further revealed that the subject facility was
originally a privately owned company known as Alexvale Furniture.
The subject facility was purchased by La-Z-Boy, and is now managed
by Kincaid Furniture (also a subsidiary of La-Z-Boy). Although the
subject facility is now often referred to as a Kincaid facility,
the company is registered in the state of North Carolina as
Alexvale Furniture, and has a separate employer identification
number.
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 subject division 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 additional facts obtained on
reopening, I determine that increases of imports of articles like
or directly competitive with upholstered furniture produced by
Alexvale/Kincaid Furniture, a subsidiary of La-Z-Boy, Taylorsville,
North Carolina, contributed importantly to the total or partial
separation of workers from the Administrative Offices of that
facility. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Alexvale/Kincaid Furniture, a subsidiary of
La-Z-Boy, Administrative Offices, Taylorsville, North
Carolina, who became totally or partially separated from
employment on or after August 11, 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 are
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 29th day of November 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,427
KINCAID FURNITURE
TAYLORSVILLE, NORTH CAROLINA
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 August 12, 2004 in response
to a petition filed on behalf of workers at Kincaid Furniture,
Taylorsville, North Carolina. The workers produce upholstered
furniture products (sofas and chairs).
The investigation revealed that criteria (I.A) and (II.A) were
not met.
Employment at the subject firm increased from August 2003 to
August 2004. The company does not have any plans to layoff workers
at the Taylorsville plant.
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 all workers of Kincaid
Furniture, Taylorsville, North Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 8th day of September 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-55,427
ALEXVALE/KINCAID FURNITURE
A SUBSIDIARY OF LA-Z-BOY
ADMINISTRATIVE OFFICES
TAYLORSVILLE, NORTH CAROLINA
Notice of Revised Determination
On Reopening
On November 9, 2004, the Department, on its own motion,
reopened its investigation for the former workers of the subject
facility.
The initial investigation for workers of Kincaid Furniture,
Taylorsville, North Carolina resulted in a negative determination
issued on September 8, 2004 and published in the Federal Register
on September 23, 2004 (69 FR 57093). The petition was denied
because criterion (1) was not met. The investigation revealed no
decline in employment during the relevant time period.
By application of September 23, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers
of the subject facility to apply for Trade Adjustment Assistance
(TAA).
On October 27, 2004, the Department issued a Negative
Determination Regarding Application for Reconsideration applicable
to workers and former workers of the subject facility on the
grounds that the application did not contain any new substantial
information that would bear importantly on the Department’s
determination denying certification because the subject facility
did not have a “significant number or proportion” of workers who
were separated or threatened with separation to meet the
requirement of section 222(a)(1) of the Trade Act of 1974, as
amended. The Notice of the determination was published in the
Federal Register on November 5, 2004 (69 FR 64592).
Upon further consultation with the petitioner, new information
revealed the petitioner intended to apply on behalf of the
Administrative Offices supporting production at the subject
facility, rather than the facility as a whole.
A company official was contacted in regards to the
Administrative Offices at the Taylorsville facility. It was
revealed that the workers of the Administrative Offices are
separately identifiable from the rest of the workers at the subject
facility, and there were significant declines in employment within
the Administrative Offices between December 2003 and August 2004.
Furthermore, the Administrative Offices of the subject facility
provide accounting, human resources, IT, purchasing, and general
clerical support of the production which occurs at the subject
facility. Furthermore, production of upholstered furniture at the
subject facility declined during the period of January through
August 2004, when compared to the same period in 2003. Company
imports of upholstered furniture increased during the same period.
It was further revealed that the subject facility was
originally a privately owned company known as Alexvale Furniture.
The subject facility was purchased by La-Z-Boy, and is now managed
by Kincaid Furniture (also a subsidiary of La-Z-Boy). Although the
subject facility is now often referred to as a Kincaid facility,
the company is registered in the state of North Carolina as
Alexvale Furniture, and has a separate employer identification
number.
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 subject division 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 additional facts obtained on
reopening, I determine that increases of imports of articles like
or directly competitive with upholstered furniture produced by
Alexvale/Kincaid Furniture, a subsidiary of La-Z-Boy, Taylorsville,
North Carolina, contributed importantly to the total or partial
separation of workers from the Administrative Offices of that
facility. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Alexvale/Kincaid Furniture, a subsidiary of
La-Z-Boy, Administrative Offices, Taylorsville, North
Carolina, who became totally or partially separated from
employment on or after August 11, 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 are
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 29th day of November 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,427
KINCAID FURNITURE
TAYLORSVILLE, NORTH CAROLINA
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 August 12, 2004 in response
to a petition filed on behalf of workers at Kincaid Furniture,
Taylorsville, North Carolina. The workers produce upholstered
furniture products (sofas and chairs).
The investigation revealed that criteria (I.A) and (II.A) were
not met.
Employment at the subject firm increased from August 2003 to
August 2004. The company does not have any plans to layoff workers
at the Taylorsville plant.
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 all workers of Kincaid
Furniture, Taylorsville, North Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 8th day of September 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance