Petitioner Type: Company
Impact Date: 08/08/2004
Filed Date: 08/08/2005
Most Recent Update: 09/26/2005
Determination Date: 09/26/2005
Expiration Date: 09/26/2007
Employment and Training Administration
TA-W-57,691
FALCON PRODUCTS, INC.
CURRENTLY KNOWN AS COMMERCIAL FURNITURE GROUP, INC.
SHELBY WILLIAMS INDUSTRIES
METAL CHAIR DIVISION
INCLUDING ON-SITE LEASED WORKERS OF STAFF MARK
MORRISTOWN, TENNESSEE
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC 2813),
as amended, the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on September 26, 2005,
applicable to workers of Falcon Products, Inc., Shelby Williams
Industries, Metal Chair Division, including on-site leased workers
of Staff Mark, Morristown, Tennessee. The notice was published in
the Federal Register on October 31, 2005 (70 FR 62346).
At the request of the company, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in the production of metal chairs. The subject firm was
renamed Commercial Furniture Group, Inc. in November 2005. The
company reports that some workers wages at the subject firm are
being reported under the Unemployment Insurance (UI) tax account
for Commercial Furniture Group, Inc., Morristown, Tennessee.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department's certification is to include all
workers of Falcon Products, Inc., Shelby Williams, Metal Chair
Division who were adversely affected by a shift in production to
China.
The amended notice applicable to TA-W-57,691 is hereby issued
as follows:
"All workers of Falcon Products, Inc., currently known as
Commercial Furniture Group, Inc., Shelby Williams Industries,
Metal Chair Division, Morristown, Tennessee, including on-site
leased workers of Staff Mark, who became totally or partially
separated from employment on or after August 8, 2004, through
September 26, 2007, 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 21st day of March 2006.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,691
FALCON PRODUCTS, INC.
SHELBY WILLIAMS INDUSTRIES
METAL CHAIR DIVISION
INCLUDING ON-SITE LEASED WORKERS OF STAFF MARK
MORRISTOWN, TENNESSEE
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)(B) of
Section 222 have been met.
The investigation was initiated on August 8, 2005, in response
to a petition filed by a company official on behalf of workers of
Falcon Products, Inc., Metal Chair Division, Morristown, Tennessee.
The subject division employs on-site leased workers from Staff
Mark, and the workers of the subject division produce metal chairs.
Some of the workers wages were reported under the Federal
Employer Identification Number (FEID) for Shelby Williams
Industries.
The investigation revealed that the decline in employment at
the subject firm’s Metal Chair Division is attributable to the
shift in production of metal chairs to the China. Moreover, it is
likely that imports of metal chairs will increase.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in the case that the requirements of Section 246 have
been met.
A significant number of workers at the facilities 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 the 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 Falcon Products, Inc., Shelby Williams
Industries, Metal Chair Division, Morristown, Tennessee,
including on-site leased workers of Staff Mark, who became
totally or partially separated from employment on or after
August 8, 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 eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."
Signed at Washington, D.C., this 26th day of September 2005
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,691A
FALCON PRODUCTS, INC.
CURRENTLY KNOWN AS COMMERCIAL FURNITURE GROUP, INC.
SHELBY WILLIAMS INDUSTRIES
WOOD FRAME UPHOLSTERED FURNITURE DIVISION
MORRISTOWN, TENNESSEE
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC 2813),
as amended, the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on September 26, 2005,
applicable to workers of Falcon Products, Inc., Shelby Williams
Industries, Wood Frame Upholstered Furniture Division, Morristown,
Tennessee. The notice was published in the Federal Register on
October 31, 2005 (70 FR 62347).
At the request of the company, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in the production of wood frame upholstered furniture. The
subject firm originally named Falcon Products, Inc. was renamed
Commercial Furniture Group, Inc. in November 2005. The company
reports that some workers wages at the subject firm are being
reported under the Unemployment Insurance (UI) tax account for
Commercial Furniture Group, Inc., Morristown, Tennessee.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department's certification is to include all
workers of Falcon Products, Inc., Shelby Williams, Wood Frame
Upholstered Furniture Division who were adversely affected by
increased imports.
The amended notice applicable to TA-W-57,691A is hereby issued
as follows:
"All workers of Falcon Products, Inc., currently known as
Commercial Furniture Group, Inc., Shelby Williams Industries,
Wood Frame Upholstered Furniture Division, Morristown,
Tennessee, who became totally or partially separated from
employment on or after August 8, 2004, through September 26,
2007, 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 21st day of March 2006.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,691A
FALCON PRODUCTS, INC.
SHELBY WILLIAMS INDUSTRIES
WOOD FRAME UPHOLSTERED FURNITURE DIVISION
MORRISTOWN, TENNESSEE
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 on August 8, 2005, in response
to a petition filed by a company official on behalf of workers of
Falcon Products, Inc., Wood Frame Upholstered Furniture Division,
Morristown, Tennessee. The workers of the subject division produce
wood frame upholstered furniture.
Some of the workers wages were reported under the Federal
Employer Identification Number (FEID) for Shelby Williams
Industries.
The investigation revealed that sales, production, and
employment at the subject division decreased during the period of
January through July of 2005, when compared to the same period in
2004.
The Department of Labor surveyed the subject facility’s major
declining customers regarding their purchases of wood frame
upholstered furniture. This survey revealed increases in imports
of wood frame upholstered furniture during the period under
investigation.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in the case that the requirements of Section 246 have
been met.
A significant number of workers at the facilities 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 the wood frame upholstered
furniture produced by the subject firm 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 Falcon Products, Inc., Shelby Williams
Industries, Wood Frame Upholstered Furniture Division,
Morristown, Tennessee, who became totally or partially
separated from employment on or after August 8, 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 eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended."
Signed at Washington, D.C., this 26th day of September 2005
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance