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TAW-64478  /  Broyhill Furniture Industries, Inc. (Lenoir, NC)

Petitioner Type: Company
Impact Date: 11/18/2007
Filed Date: 11/20/2008
Most Recent Update: 12/02/2008
Determination Date: 12/02/2008
Expiration Date: 12/02/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,478

BROYHILL FURNITURE INDUSTRIES, INC.
CORPORATE OFFICE
A SUBSIDIARY OF FURNITURE BRANDS INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ONIN STAFFING, FORMERLY MULBERRY GROUP
FOOTHILLS TEMP EMPLOYMENT AND ACCOUNTEMPS
LENOIR, NORTH CAROLINA

Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on December 2, 2008,
applicable to workers of Broyhill Furniture Industries, Inc.,
Corporate Office, a subsidiary of Furniture Brands International,
Inc., Lenoir, North Carolina. The notice was published in the
Federal Register on December 18, 2008 (73 FR 77067).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in support activities related to the
production of residential upholstered furniture.
New information shows that workers leased from Onin
Staffing, formerly Mulberry Group, Foothills Temp Employment and
Accountemps were employed on-site at the Lenoir, North Carolina
location of Broyhill Furniture Industries, Inc., Corporate
Office, a subsidiary of Furniture Brands International, Inc. The
Department has determined that these workers were sufficiently
under the control of Broyhill Furniture Industries, Inc.,
Corporate Office, a subsidiary of Furniture Brands International,
Inc. to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Onin Staffing
formerly Mulberry Group, Foothills Temp Employment and
Accountemps working on-site at the Lenoir, North Carolina
location of the subject firm.
The intent of the Department’s certification is to include
all workers employed at Broyhill Furniture Industries, Inc.,
Corporate Office, a subsidiary of Furniture Brands International,
Inc. who were adversely affected by increased imports of
residential upholstered furniture.


The amended notice applicable to TA-W-64,478 is hereby
issued as follows:
"All workers of Broyhill Furniture Industries, Inc.,
Corporate Office, a subsidiary of Furniture Brands
International, Inc., including on-site leased workers
from Onin Staffing, formerly Mulberry Group, Foothills
Temp Employment and Accountemps, Lenoir, North
Carolina, who became totally or partially separated
from employment on or after November 18, 2007 through
December 2, 2010, 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 at Washington, D.C. this 18th day of February 2009

/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-64,478

BROYHILL FURNITURE INDUSTRIES, INCORPORATED
CORPORATE OFFICE
A SUBSIDIARY OF FURNITURE BRANDS INTERNATIONAL, INCORPORATED
LENOIR, 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, as
amended (19 USC 2273), 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 on November 20, 2008 in
response to a petition filed by a company official on behalf of
workers at Broyhill Furniture Industries, Incorporated, Corporate
Office, a subsidiary of Furniture Brands International,
Incorporated, Lenoir, North Carolina. The workers are engaged in
support activities related to the production of residential
upholstered furniture.
This investigation revealed that employment declined at the
subject firm during the relevant period under investigation.
The workers at the subject firm were in direct support of
production of residential upholstered furniture manufactured by
Broyhill Furniture Industries, Incorporated, Lenoir Chair #5, aka
Taylorsville Plant, Taylorsville, North Carolina, who are currently
under an existing Trade Adjustment Assistance certification. The
certification was based on company imports contributing importantly
to the layoffs at that plant.
In addition, in accordance with Section 246 of 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 increased imports of articles like
or directly competitive with residential upholstered furniture
produced by Broyhill Furniture Industries, Incorporated contributed
importantly to the total or partial separation of workers at
Broyhill Furniture Industries, Incorporated, Corporate Office, a
subsidiary of Furniture Brands International, Incorporated, Lenoir,
North Carolina.
In accordance with the provisions of the Act, I make the
following certification:
“All workers of Broyhill Furniture Industries, Incorporated,
Corporate Office Division, a subsidiary of Furniture Brands
International, Incorporated, Lenoir, North Carolina, who
became totally or partially separated from employment on or
after November 18, 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 2nd day of December 2008

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







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