U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,624

LEXINGTON FURNITURE INDUSTRIES
PLANT NO. 1
LEXINGTON, NORTH CAROLINA

Dismissal of Application for Reconsideration


Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at Lexington
Furniture Industries, Plant No. 1, Lexington, North Carolina.
The application did not contain new information supporting a
conclusion that the determination was erroneous, and also did not
provide a justification for reconsideration of the determination
that was based on either mistaken facts or a misinterpretation of
facts or of the law. Therefore, dismissal of the application was
issued.
TA-W-61,624; Lexington Furniture Industries
Plant No. 1
Lexington, North Carolina (July 13, 2007)

Signed at Washington, D.C. this 18th day of July 2007.

/s/ RICHARD CHURCH
_______________________
RICHARD CHURCH
Certifying Officer Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,624
LEXINGTON FURNITURE INDUSTRIES
PLANT NO. 1
LEXINGTON, NORTH CAROLINA

Negative Determination 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.
The investigation was initiated on June 6, 2007, in response to a
petition filed by a company spokesman on behalf of workers of Lexington
Furniture Industries, Plant No. 1, Lexington, North Carolina. The
workers provided security services and maintained the boiler.
The investigation revealed that Lexington Furniture Industries,
Plant No. 1, Lexington, North Carolina, does 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 boiler/security
technicians do not support a firm or appropriate subdivision that
produces an article domestically and thus the worker group cannot 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.
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 are denied
eligibility to apply for TAA, the workers cannot be certified eligible
for ATAA.
Conclusion
After careful review, I determine that all workers of Lexington
Furniture Industries, Plant No. 1, Lexington, North Carolina, are denied
eligibility to apply for 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 12th day of June 2007

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance