DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,757
BERNHARDT FURNITURE COMPANY
BERNHARDT CENTRAL WAREHOUSE
LENOIR, NORTH CAROLINA

TA-W-55,757A
BERNHARDT FURNITURE COMPANY
BERNHARDT CENTRAL SERVICES
LENOIR, NORTH CAROLINA

TA-W-55,757B
BERNHARDT FURNTIURE COMPANY
CORPORATE OFFICE
LENOIR, NORTH CAROLINA

TA-W-55,757C
BERNHARDT FURNITURE COMPANY
PLANT 1A
INCLUDING ON-SITE LEASED WORKERS OF PEOPLE CONNECTION STAFFING
LENOIR, NORTH CAROLINA

TA-W-55,757D
BERNHARDT FURNITURE COMPANY
PLANT 1B
LENOIR, NORTH CAROLINA

TA-W-55,757E
BERNHARDT FURNITURE COMPANY
PLANT 2
INCLUDING ON-SITE LEASED WORKERS OF PEOPLE CONNECTION STAFFING
LENOIR, NORTH CAROLINA

TA-W-55,757F
BERNHARDT FURNITURE COMPANY
PLANT 3
INCLUDING ON-SITE LEASED WORKERS OF ACCUFORCE STAFFING FORCES
LENOIR, NORTH CAROLINA

TA-W-55,757G
BERNHARDT FURNITURE COMPANY
PLANT 4
INCLUDING ON-SITE LEASED WORKERS OF PEOPLE CONNECTION STAFFING
LENOIR, NORTH CAROLINA


TA-W-55,757H
BERNHARDT FURNITURE COMPANY
PLANT 5
INCLUDING ON-SITE LEASED WORKERS OF ABLE BODY LABOR
LENOIR, NORTH CAROLINA

TA-W-55,757I
BERNHARDT FURNITURE COMPANY
PLANT 6
INCLUDING ON-SITE LEASED WORKERS OF ACCUFORCE STAFFING FORCES
LENOIR, NORTH CAROLINA

TA-W-55,757J
BERNHARDT FURNITURE COMPANY
PLANT 7
LENOIR, NORTH CAROLINA

TA-W-55,757K
BERNHARDT FURNITURE COMPANY
PLANT 9
INCLUDING ON-SITE LEASED WORKERS OF
ACCUFORCE STAFFING FORCES AND
PSU
SHELBY, NORTH CAROLINA

TA-W-55,757L
BERNHARDT FURNITURE COMPANY
PLANT 11
INCLUDING ON-SITE LEASED WORKERS OF ACCUFORCE STAFFING FORCES
LENOIR, NORTH CAROLINA

TA-W-55,757M
BERNHARDT FURNITURE COMPANY
PLANT 14
INLCUDING ON-SITE LEASED WORKERS OF USA STAFFING
CHERRYVILLE, NORTH CAROLINA

Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, 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 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 October 8, 2004 in response
to a petition filed by a company official on behalf of workers of
Bernhardt Central Warehouse, Lenoir, North Carolina (TA-W-55,757);
Bernhardt Central Services, Lenoir, North Carolina (TA-W-55,757A);
Bernhardt Corporate Office, Lenoir, North Carolina (TA-W-55,757B);
Plant 1A, Lenoir, North Carolina (TA-W-55,757C); Plant 1B, Lenoir,
North Carolina (TA-W-55,757D); Plant 2, Lenoir, North Carolina (TA-
W-55,757E); Plant 3, Lenoir, North Carolina (TA-W-55,757F); Plant
4, Lenoir, North Carolina (TA-W-55,757G); Plant 5, Lenoir, North
Carolina (TA-W-55,757H); Plant 6, Lenoir, North Carolina (TA-W-
55,757I); Plant 7, Lenoir, North Carolina (TA-W-55,757J); Plant 9,
Shelby, North Carolina (TA-W-55,757K); Plant 11, Lenoir, North
Carolina (TA-W-55,757L); Plant 14, Cherryville, North Carolina (TA-
W-55,757M).
The investigation revealed that Bernhardt Furniture Company
leased workers from People Connection Staffing, Accuforce Staffing
Forces, Able Body Labor, PSU and USA Staffing to work at various
locations of the firm.
Workers at the Central Warehouse (TA-W-55,757) are engaged in
distribution operations. The employees of Central Services (TA-W-
55,575A) are engaged in a variety of support operations. These
operations include preparing and transporting lumber to be used as
raw material, maintenance of machines and logistical operations.
Workers of the Corporate Office (TA-W-55,757B) are engaged in a
variety of services to support other company facilities. These
services included accounting, advertising, customer support,
providing IT support to company facilities, human resources
operations and providing financial services to company employees
and customers.
The remaining facilities in this petition produce casegoods,
or components thereof. Casegoods are pieces of wooden furniture
intended for home use. Plant 1A (TA-W-55,757C) produces occasional
tables. Plant 1B (TA-W-55,575D) produces dining room chairs.
Plant 2 (TA-W-55,757E) produces bedroom and dining room furniture.
Plant 3 (TA-W-55,757F) produces office furniture in the form of
desks, conference tables and work centers. Plant 4 (TA-W-55,757G)
produces bedroom and dining room furniture similar to plant 1A.
Plant 5 (TA-W-55,757H) produces wooden frames and frame components,
which are sent to Plant 6 (TA-W-55,757I) and Plant 9 (TA-W-55,757K)
which produces upholstered furniture. Plant 7 (TA-W-55,757J)
produces chairs intended for office use. Workers at Plant 11 (TA-W-
55,757L) are engaged in cut and sew operations, the results of
which go to Plants 6, 9 or 14 to be finished. Plant 14 (TA-W-
55,757M) finishes upholstered furniture.
The Department has determined that in the case of Bernhardt
Furniture Company, Plant 1A, Lenoir, North Carolina (TA-W-55,757C),
and Bernhardt Furniture Company, Plant 2, Lenoir, North Carolina
(TA-W-55,757E) that the requirements of (a)(2)(A) of Section 222
have been met.
The investigation revealed that employment declined at Plant
1A and Plant 2 during January through August 2004 when compared to
the same time period of 2003.
Production of occasional tables at the firm's Plant 1A
declined from 2002 to 2003. Production of bedroom and dining room
furniture declined at the firm's Plant 2 from 2002 to 2003 and
during January through August 2004 when compared to the same time
period of 2003.
The investigation further revealed that Bernhardt Furniture
Company increased its imports of occasional tables, bedroom and
dining room furniture during the relevant period.
It is further determined that with respect to workers of
Bernhardt Central Warehouse, Lenoir, North Carolina (TA-W-55,757);
Bernhardt Central Services, Lenoir, North Carolina (TA-W-55,757A);
Bernhardt Corporate Office, Lenoir, North Carolina (TA-W-55,757B);
Plant 1B, Lenoir, North Carolina (TA-W-55,757D); Plant 3, Lenoir,
North Carolina (TA-W-55,757F); Plant 4, Lenoir, North Carolina (TA-
W-55,757G); Plant 5, Lenoir, North Carolina (TA-W-55,757H); Plant
6, Lenoir, North Carolina (TA-W-55,757I); Plant 7, Lenoir, North
Carolina (TA-W-55,757J); Plant 9, Shelby, North Carolina (TA-W-
55,757K); Plant 11, Lenoir, North Carolina (TA-W-55,757L); Plant
14, Cherryville, North Carolina (TA-W-55,757M) that criteria
(a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers at the locations cited above as required by Section 222
of the Trade Act of 1974. Significant number or proportion of the
workers in a firm or appropriate subdivision thereof, means that at
least three workers with a workforce of fewer than 50 workers or
five percent of the workers with a workforce over 50 workers.
Separations by the subject firm did not meet this threshold level.
The petitioner also requested consideration of alternative
trade adjustment assistance for workers at each of the subject firm
locations covered by the petition.
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 the case of Bernhardt
Furniture Company, Plant 1A, including on-site leased workers of
People Connection Staffing, Lenoir, North Carolina (TA-W-55,757C)
and Bernhardt Furniture Company, Plant 2, including on-site leased
workers of People Connection Staffing, Lenoir, North Carolina (TA-
W-55,757E) that the requirements of Section 246 have been met.
A significant number of workers at the division are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
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 of Bernhardt Furniture Company at the following
subdivisions are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA: Bernhardt Central
Warehouse, Lenoir, North Carolina (TA-W-55,757); Bernhardt Central
Services, Lenoir, North Carolina (TA-W-55,757A); Bernhardt
Corporate Office, Lenoir, North Carolina (TA-W-55,757B); Plant 1B,
Lenoir, North Carolina (TA-W-55,757D); Plant 3, including on-site
leased workers of Accuforce Staffing Forces, Lenoir, North Carolina
(TA-W-55,757F); Plant 4, including on-site leased workers of People
Connection Staffing, Lenoir, North Carolina (TA-W-55,757G); Plant
5, including on-site leased workers of Able Body Labor, Lenoir,
North Carolina (TA-W-55,757H); Plant 6, including on-site leased
workers of Accuforce Staffing Forces, Lenoir, North Carolina (TA-W-
55,757I); Plant 7, Lenoir, North Carolina (TA-W-55,757J); Plant 9,
including on-site leased workers of Accuforce Staffing Forces and
PSU, Shelby, North Carolina (TA-W-55,757K); Plant 11, including on-
site leased workers of Accuforce Staffing Forces, Lenoir, North
Carolina (TA-W-55,757L); Plant 14, including on-site leased workers
of USA Staffing, Cherryville, North Carolina (TA-W-55,757M).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with occasional tables produced by
Bernhardt Furniture Company, Plant 1A, Lenoir, North Carolina (TA-
W-55,757C), and bedroom and dining room furniture produced by
Bernhardt Furniture Company, Plant 2, Lenoir, North Carolina (TA-W-
55,757E), 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 Bernhardt Furniture Company, Plant 1A,
including on-site leased workers of People Connection
Staffing, Lenoir, North Carolina (TA-W-55,757C), and Bernhardt
Furniture Company, Plant 2, including on-site leased workers
of People Connection Staffing, Lenoir, North Carolina (TA-W-
55,757E), who became totally or partially separated from
employment on or after September 26, 2004, 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."
Furthermore, I determine that all workers of Bernhardt
Furniture Company, Bernhardt Central Warehouse, Lenoir, North
Carolina (TA-W-55,757); Bernhardt Furniture Company, Bernhardt
Central Services, Lenoir, North Carolina (TA-W-55,757A); Bernhardt
Furniture Company, Bernhardt Corporate Office, Lenoir, North
Carolina (TA-W-55,757B); Bernhardt Furniture Company, Plant 1B,
Lenoir, North Carolina (TA-W-55,757D); Bernhardt Furniture Company,
Plant 3, including on-site leased workers of Accuforce Staffing
Forces, Lenoir, North Carolina (TA-W-55,757F); Bernhardt Furniture
Company, Plant 4, including on-site leased workers of People
Connection Staffing, Lenoir, North Carolina (TA-W-55,757G);
Bernhardt Furniture Company, Plant 5, including on-site leased
workers of Able Body Labor, Lenoir, North Carolina (TA-W-55,757H);
Bernhardt Furniture Company, Plant 6, including on-site leased
workers of Accuforce Staffing Forces, Lenoir, North Carolina (TA-W-
55,757I); Bernhardt Furniture Company, Plant 7, Lenoir, North
Carolina (TA-W-55,757J); Bernhardt Furniture Company, Plant 9,
including on-site leased workers of Accuforce Staffing Forces and
PSU, Shelby, North Carolina (TA-W-55,757K); Bernhardt Furniture
Company, Plant 11, including on-site leased workers of Accuforce
Staffing Forces, Lenoir, North Carolina (TA-W-55,757L); Bernhardt
Furniture Company, Plant 14, including on-site leased workers of
USA Staffing, Cherryville, North Carolina (TA-W-55,757M), 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 at Washington, D.C., this 17th day of November 2004
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance