Certified
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TAW-61998  /  Bush Industries, Inc. (Jamestown, NY)

Petitioner Type: Company
Impact Date: 08/16/2007
Filed Date: 08/16/2007
Most Recent Update: 09/12/2007
Determination Date: 09/12/2007
Expiration Date: 09/12/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,998

BUSH INDUSTRIES, INC.
MASON DRIVE, ALLEN STREET AND TIFFANY STREET FACILITIES
INCLUDING ON-SITE LEASED WORKERS OF LABOR READY AND EXPRESS
JAMESTOWN, NEW YORK

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 August 16, 2007, in
response to a petition filed on behalf of workers of Bush
Industries, Inc., Jamestown, New York. The workers are engaged
in the production of ready-to-assemble furniture and case goods.
The decline in employment at the subject firm is related to
a shift in production of ready-to-assemble furniture and case
goods to China. The company imports of these articles will
likely increase.
All workers of Bush Industries, Inc., Jamestown, New York,
were previously certified eligible to apply for adjustment
assistance under petition numbers TA-W-57,564. The
certification expired August 15, 2007.
Bush Industries, Inc., Jamestown, New York also leased on-
site workers from Labor Ready and Express.
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 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 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 conclude that there was a shift in production
from the workers' firm or subdivision to China of articles that
are like or directly competitive with ready-to-assemble
furniture and case goods 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 Bush Industries, Inc., Jamestown, New York,
including on-site leased workers from Labor Ready and
Express, who became totally or partially separated from
employment on or after August 16, 2007, 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 12th day of September, 2007



/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance