Petitioner Type: State
Impact Date: 02/07/2004
Filed Date: 02/07/2005
Most Recent Update: 02/25/2005
Determination Date: 02/25/2005
Expiration Date: 02/25/2007
Employment and Training Administration
TA-W-56,522
CLAYTON MARCUS COMPANY, INC.
PLANT #9
A SUBSIDIARY OF L-Z-BOY
HICKORY, NORTH CAROLINA
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 (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 as a
secondarily affected worker group.
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 in response to a petition
received on February 7, 2005 and filed by the North Carolina ATAA
Coordinator on behalf of the workers of Clayton Marcus Company,
Inc., Plant #9, Hickory, North Carolina. The workers are engaged
in employment related to cutting and sewing of fabric for an
affiliated location that produces upholstered furniture.
The investigation revealed that Clayton Marcus Company,
Inc., Plant #9, Hickory, North Carolina supplies component parts
to Clayton Marcus Company, Inc., Plant #1, Hickory, North
Carolina an affiliated plant that produces upholstered furniture
whose workers were certified eligible to apply for adjustment
assistance.
The investigation further revealed that production and
employment at Clayton Marcus Company, Inc., Plant #9, Hickory,
North Carolina declined during the period under investigation.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 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 upholstered furniture produced
by the company contributed importantly to the total or partial
separation of workers and to the decline in sales or production
at that firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Clayton Marcus Company, Inc., Plant #9,
Hickory, North Carolina, who became totally or partially
separated from employment on or after February 7, 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."
Signed at Washington, D.C., this 25th day of February, 2005.
/s/ Elliott S. Kushner
______________________ __
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance