Petitioner Type: Union
Impact Date: 10/08/2007
Filed Date: 10/05/2007
Most Recent Update: 12/14/2007
Determination Date: 12/14/2007
Expiration Date: 02/11/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,260
FLEXSTEEL INDUSTRIES, INC.
DUBUQUE, IOWA
Notice of Revised Determination
on Reconsideration
By application dated January 12, 2008, the United Steel
Workers, District 11, Local 1861 (the Union) requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of Flexsteel Industries, Inc., Dubuque, Iowa (subject
firm) to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA).
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance under petition number TA-W-
57,906, which expired on October 7, 2007. The initial
investigation resulted in a negative determination signed on
December 14, 2007 was based on the finding that the subject
company did not separate or threaten to separate a significant
number of workers. The denial notice was published in the Federal
Register on December 31, 2007 (72 FR 74344).
To support the request for reconsideration, the petitioner
supplied additional information regarding employment at the
subject firm.
The review of the new information and findings of the
initial investigation revealed that the subject firm separated a
significant number of workers during the relevant period. The
workers produce residential, commercial and recreational seating.
The investigation also revealed that the company increased its
imports of articles like or directly competitive with
residential, commercial and recreational seating from 2005 to
2006 and from January through September of 2007 when compared
with the same period in 2006. Furthermore, sales and production
declined at the subject firm 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 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 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
residential, commercial and recreational seating, produced by
Flexsteel Industries, Inc., Dubuque, Iowa, 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 Flexsteel Industries, Inc., Dubuque, Iowa,
who became totally or partially separated from employment on
or after October 8, 2007, through two years from the date of
this 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."
Signed at Washington, D.C., this 11th day of February, 2008
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,260
FLEXSTEEL INDUSTRIES, INC.
DUBUQUE, IOWA
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 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 October 5, 2007 in response
to a petition filed by the United Steelworkers of America on behalf
of workers of Flexsteel Industries, Inc., Dubuque, Iowa. The
workers produce residential, commercial, and recreational seating;
they are not separately identifiable by articles produced.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance based increased imports of
upholstered furniture under petition number TA-W-57,906, which
expired on October 7, 2007.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers, or at least 50 workers. Should
circumstance change, a new petition may be filed on behalf of
workers of Flexsteel Industries, Inc., Dubuque, Iowa.
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 of the facts obtained in this
investigation, I determine that all workers of Flexsteel
Industries, Inc., Dubuque, Iowa, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C. this 14th day of December 2007.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 7 -
Employment and Training Administration
TA-W-62,260
FLEXSTEEL INDUSTRIES, INC.
DUBUQUE, IOWA
Notice of Revised Determination
on Reconsideration
By application dated January 12, 2008, the United Steel
Workers, District 11, Local 1861 (the Union) requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of Flexsteel Industries, Inc., Dubuque, Iowa (subject
firm) to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA).
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance under petition number TA-W-
57,906, which expired on October 7, 2007. The initial
investigation resulted in a negative determination signed on
December 14, 2007 was based on the finding that the subject
company did not separate or threaten to separate a significant
number of workers. The denial notice was published in the Federal
Register on December 31, 2007 (72 FR 74344).
To support the request for reconsideration, the petitioner
supplied additional information regarding employment at the
subject firm.
The review of the new information and findings of the
initial investigation revealed that the subject firm separated a
significant number of workers during the relevant period. The
workers produce residential, commercial and recreational seating.
The investigation also revealed that the company increased its
imports of articles like or directly competitive with
residential, commercial and recreational seating from 2005 to
2006 and from January through September of 2007 when compared
with the same period in 2006. Furthermore, sales and production
declined at the subject firm 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 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 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
residential, commercial and recreational seating, produced by
Flexsteel Industries, Inc., Dubuque, Iowa, 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 Flexsteel Industries, Inc., Dubuque, Iowa,
who became totally or partially separated from employment on
or after October 8, 2007, through two years from the date of
this 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."
Signed at Washington, D.C., this 11th day of February, 2008
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,260
FLEXSTEEL INDUSTRIES, INC.
DUBUQUE, IOWA
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 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 October 5, 2007 in response
to a petition filed by the United Steelworkers of America on behalf
of workers of Flexsteel Industries, Inc., Dubuque, Iowa. The
workers produce residential, commercial, and recreational seating;
they are not separately identifiable by articles produced.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance based increased imports of
upholstered furniture under petition number TA-W-57,906, which
expired on October 7, 2007.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers, or at least 50 workers. Should
circumstance change, a new petition may be filed on behalf of
workers of Flexsteel Industries, Inc., Dubuque, Iowa.
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 of the facts obtained in this
investigation, I determine that all workers of Flexsteel
Industries, Inc., Dubuque, Iowa, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C. this 14th day of December 2007.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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