Petitioner Type: Workers
Impact Date: 05/25/2004
Filed Date: 06/08/2005
Most Recent Update: 07/15/2005
Determination Date: 07/15/2005
Expiration Date: 07/25/2007
Employment and Training Administration
TA-W-57,337
BERNHARDT FURNITURE COMPANY
UPHOLSTERY DIVISION
PLANT# 11
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 3, 2005 in response
to a petition filed on behalf of workers of Bernhardt Furniture
Company, Upholstery Division, Plant# 11, Lenoir, North Carolina.
Workers produce cut and sew fabric and leather components.
The subject firm leased on-site workers from Accuforce.
The investigation revealed that sales, production and
employment at the subject facility declined in January through May
2005 compared to the same period in 2004.
The declines in employment at the subject facility are
attributable to a shift in production of cut and sew fabric and
leather components from the workers' facility to China and
Thailand. Bernhardt Furniture increased its imports of like or
directly competitive products 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 and Thailand 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# 11, Lenoir, North Carolina, including on-
site leased 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 15th day of July 2005.
/s/ Richard Church
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance