DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,282

BERNHARDT FURNITURE COMPANY
UPHOLSTERY DIVISION
PLANT 6
INCLUDING LEASED ON-SITE WORKERS FROM ACCUFORCE
LENOIR, 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, 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)(B) of Section 222 have been met.
The investigation was initiated on June 2, 2005 in response
to a petition filed on behalf of workers of Bernhardt Furniture
Company, Upholstery Division, Plant 6, Lenoir, North Carolina.
The workers produce upholstered furniture.
The investigation revealed that the some of the subject
firm's on-site workers were leased from Accuforce.
The investigation revealed that employment at the subject
firm declined during January through May 2005 when compared to
period in 2004.
The decline in employment at the subject facility is
attributable to a shift in production of upholstered furniture
from the workers' firm to China. Bernhardt Furniture increased
its imports of upholstered furniture during the relevant period.
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 there was a shift in production
from the workers' firm or subdivision to China of articles that
are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to be
an increase in imports of like or directly competitive articles.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of Bernhardt Furniture Company, Upholstery
Division, Plant 6, Lenoir, North Carolina, including leased
on-site workers from Accuforce, who became totally or
partially separated from employment on or after May 25, 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 12th day of July 2005.
/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance