Denied
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TAW-63728  /  Leggett and Platt (Nashville, TN)

Petitioner Type: Union
Impact Date:
Filed Date: 07/22/2008
Most Recent Update: 09/23/2008
Determination Date: 09/23/2008
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,728

LEGGETT AND PLATT, INC.
NOVA BOND FACILITY
NASHVILLE, TENNESSEE

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 July 22, 2008 in response
to a petition filed by the Tennessee American Federation of Labor
and Congress of Industrial Organizations (AFL-CIO) on behalf of
workers of Leggett and Platt, Inc., Nova Bond Facility, Nashville,
Tennessee. Workers produced carpet cushion underlay, absorbents,
and bedding insulation pads. The workers are not separately
identifiable by product.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
Employment and production declined absolutely with the closure
of the facility in July 2008.
The subject firm did not import or shift production of carpet
cushion underlay, absorbents, and bedding insulation pads to a
foreign country in 2006, 2007, or during the period of January
through June 2008. Production has been transferred to another
domestic facility of the firm.
The Department of Labor conducted a sample survey of the
subject firm's major customers regarding their purchases of carpet
cushion underlay, absorbents, and bedding insulation in 2006,
2007, January through June 2007 and January through June 2008.
These surveys revealed no import purchases of carpet cushion
underlay or absorbents, and negligible import purchases of bedding
insulation pads 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 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 the
investigation, I determine that workers of Leggett and Platt, Inc.,
Nova Bond Facility, Nashville, Tennessee, 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 23rd day of September 2008

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