Petitioner Type: State
Impact Date:
Filed Date: 01/31/2006
Most Recent Update: 03/17/2006
Determination Date: 03/17/2006
Expiration Date:
Employment and Training Administration
TA-W-58,759
BUCKINGHAM GALLERIES
D/B/A HITCHCOCK FINE HOME FURNISHINGS
NEW HARTFORD, CONNECTICUT
TA-W-58,759A
BUCKINGHAM GALLERIES
D/B/A HITCHCOCK FINE HOME FURNISHINGS
WILTON, CONNECTICUT
TA-W-58,759B
BUCKINGHAM GALLERIES
D/B/A HITCHCOCK FINE HOME FURNISHINGS
RIVERTON, CONNECTICUT
TA-W-58,759C
BUCKINGHAM GALLERIES
D/B/A HITCHCOCK FINE HOME FURNISHINGS
ORANGE, CONNECTICUT
TA-W-58,759D
BUCKINGHAM GALLERIES
D/B/A HITCHCOCK FINE HOME FURNISHINGS
GLASTONBURY, CONNECTICUT
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 its investigation regarding certification of
eligibility to apply for worker 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 January 31, 2006, in
response to a petition filed by a state agency representative
on behalf of workers of Buckingham Galleries D/B/A Hitchcock
Fine Home Furnishings, New Hartford, Connecticut (TA-W-58,759);
Buckingham Galleries D/B/A Hitchcock Fine Home Furnishings,
Wilton, Connecticut (TA-W-58,759A); Buckingham Galleries D/B/A
Hitchcock Fine Home Furnishings, Riverton, Connecticut (TA-W-
58,759B); Buckingham Galleries D/B/A Hitchcock Fine Home
Furnishings, Orange, Connecticut (TA-W-58,759C); and Buckingham
Galleries D/B/A Hitchcock Fine Home Furnishings, Glastonbury,
Connecticut (TA-W-58,759D). The workers of the firm in New
Hartford, Connecticut (TA-W-58,759) provide various
administrative support activities. The other locations of the
firm are retail stores.
The investigation revealed that Buckingham Galleries doing
business as Hitchcock Fine Home Furnishings and Hitchcock Chair
Company are affiliated by common ownership.
With respect to workers at Buckingham Galleries D/B/A
Hitchcock Fine Home Furnishings, New Hartford, Connecticut (TA-
W-58,759), it is determined that the requirements of (a)(2)(A)
of the Act are met.
The investigation revealed that the decline in employment
of administrative personnel at Buckingham Galleries D/B/A
Hitchcock Fine Home Furnishings, New Hartford, Connecticut (TA-
W-58,759), is directly related to increased imports of wood
chairs like or directly competitive with those produced by
Hitchcock Chair Company Ltd. Workers of the production firm are
covered by a certification of eligibility to apply for
adjustment assistance under petition number TA-W-58,458.
With respect to workers at Buckingham Galleries D/B/A
Hitchcock Fine Home Furnishings, Wilton, Connecticut (TA-W-
58,759A); Buckingham Galleries D/B/A Hitchcock Fine Home
Furnishings, Riverton, Connecticut (TA-W-58,759B); Buckingham
Galleries D/B/A Hitchcock Fine Home Furnishings, Orange,
Connecticut (TA-W-58,759C); and Buckingham Galleries D/B/A
Hitchcock Fine Home Furnishings, Glastonbury, Connecticut (TA-W-
58,759D); the investigation revealed that these workers do not
produce an article within the meaning of Section 222(a)(2) of
the Act.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the
worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
investigation revealed that although production of an article(s)
occurred within the firm or appropriate subdivision, the retail
sales workers do not support this production. Thus, the worker
group can not be considered import impacted or affected by a
shift in production of an article.
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
With respect to workers at Buckingham Galleries D/B/A
Hitchcock Fine Home Furnishings, New Hartford, Connecticut (TA-
W-58,759), the Department has determined that criterion (1) has
not been met.
A significant number of workers at the firm are not age 50
or over.
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 Buckingham Galleries D/B/A
Hitchcock Fine Home Furnishings, Wilton, Connecticut (TA-W-
58,759A); Buckingham Galleries D/B/A Hitchcock Fine Home
Furnishings, Riverton, Connecticut (TA-W-58,759B); Buckingham
Galleries D/B/A Hitchcock Fine Home Furnishings, Orange,
Connecticut (TA-W-58,759C); and Buckingham Galleries D/B/A
Hitchcock Fine Home Furnishings, Glastonbury, Connecticut (TA-W-
58,759D), are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with wood furniture produced by
Hitchcock Chair Company Ltd., 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 Buckingham Galleries D/B/A Hitchcock Fine
Home Furnishings, New Hartford, Connecticut (TA-W-58,759),
who became totally or partially separated from employment
on or after January 30, 2005 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
I further determine that all workers of Buckingham
Galleries D/B/A Hitchcock Fine Home Furnishings, New Hartford,
Connecticut (TA-W-58,759), are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
And
I further determine that all workers of Buckingham
Galleries D/B/A Hitchcock Fine Home Furnishings, Wilton,
Connecticut (TA-W-58,759A); Buckingham Galleries D/B/A Hitchcock
Fine Home Furnishings, Riverton, Connecticut (TA-W-58,759B);
Buckingham Galleries D/B/A Hitchcock Fine Home Furnishings,
Orange, Connecticut (TA-W-58,759C); and Buckingham Galleries
D/B/A Hitchcock Fine Home Furnishings, Glastonbury, Connecticut
(TA-W-58,759D), are denied eligibility to apply for trade
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 in Washington, D.C., this 17th of March 2006.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance