Petitioner Type: Workers
Impact Date: 11/27/2005
Filed Date: 11/28/2006
Most Recent Update: 01/04/2007
Determination Date: 01/04/2007
Expiration Date: 01/04/2009
Employment and Training Administration
TA-W-60,497
BRUARD'S, INCORPORATED
CONOVER, 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 its 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)(A) of Section 222 have been met.
The investigation was initiated in response to a petition
received on November 28, 2006 and filed on behalf of workers at
Bruard's, Incorporated, Conover, North Carolina. The workers
produced upholstered furniture. The workers are not separately
identifiable by product.
The investigation revealed that plant sales, production and
employment declined during the relevant period.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of
upholstered furniture such as sofas, loveseat, ottomans and
chairs during 2004, 2005 and January through November 2006 over
the corresponding 2005 period. The survey revealed customers
increased their reliance on imported upholstered furniture during
the relevant period.
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 addition, 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 subject facility are
age 50 or older and do not possess skills that are 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 such as
sofas, loveseat, ottomans and chairs produced at Bruard's,
Incorporated, Conover, North Carolina 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 Bruard's, Incorporated, Conover, North
Carolina who became totally or partially separated from
employment on or after November 27, 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 are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C. this 4th day of January, 2007.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance