Petitioner Type: Workers
Impact Date: 11/17/2007
Filed Date: 11/25/2008
Most Recent Update: 12/05/2008
Determination Date: 12/05/2008
Expiration Date: 12/05/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,529
BROYHILL FURNITURE INDUSTRIES, INC.
LENOIR CHAIR #3
AKA LENOIR PLANT
INCLUDING ON-SITE LEASED WORKERS FROM
ONIN STAFFING, FORMERLY MULBERRY GROUP
QUICK TEMPS/TEMPS USA, FOOTHILLS TEMP EMPLOYMENT AND
ESI EMPLOYMENT STAFFING
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 5, 2008,
applicable to workers of Broyhill Furniture Industries, Inc.,
Lenoir Chair #3, aka Lenoir Plant, 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 the production of residential upholstered
furniture.
New information shows that workers leased from Onin
Staffing, formerly Mulberry Group, Quick Temps/Temps USA,
Foothills Temp Employment and ESI Employment Staffing were
employed on-site at the Lenoir, North Carolina location of
Broyhill Furniture Industries, Inc., Lenoir Chair #3, aka Lenoir
Plant. The Department has determined that these workers were
sufficiently under the control of Broyhill Furniture Industries,
Inc., Lenoir Chair #3, aka Lenoir Plant 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, Quick Temps/Temps USA, Foothills Temp
Employment and ESI Employment Staffing 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.,
Lenoir Chair #3, aka Lenoir Plant who were adversely affected by
increased imports of residential upholstered furniture.
The amended notice applicable to TA-W-64,529 is hereby
issued as follows:
"All workers of Broyhill Furniture Industries, Lenoir
Chair #3, aka Lenoir Plant, including on-site leased
workers from Onin Staffing, formerly Mulberry Group,
Quick Temps/Temps USA, Foothills Temp Employment and
ESI Employment Staffing, Lenoir, North Carolina, who
became totally or partially separated from employment
on or after November 17, 2007 through December 5, 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-64,529
BROYHILL FURNITURE INDUSTRIES, INC.
LENOIR CHAIR #3
AKA LENOIR PLANT
LENIOR, 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 (19
USC 2273), as amended, 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 25, 2008 in
response to a petition filed by workers of Broyhill Furniture
Industries, Inc., Lenoir Chair #3, also known as Lenoir Plant,
Lenoir, North Carolina. Workers at the subject firm produced
residential upholstered furniture.
The investigation also revealed that sales, production and
employment declined during the relevant period.
The United States Department of Labor surveyed the subject
firm’s major declining customer regarding their purchases of
residential upholstered furniture in 2006, 2007, January through
October 2007 and January through October 2008. The survey revealed
increased imports of residential upholstered furniture 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 articles
like or directly competitive with residential upholstered furniture
manufactured by Broyhill Furniture Industries, Inc., Lenoir Chair
#3, also known as Lenoir Plant, Lenoir, North Carolina 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 Broyhill Furniture Industries, Inc., Lenoir
Chair #3, also known as Lenoir Plant, Lenoir, North Carolina
who became totally or partially separated from employment on
or after November 17, 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 5th day of December 2008
/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-64,529
BROYHILL FURNITURE INDUSTRIES, INC.
LENOIR CHAIR #3
AKA LENOIR PLANT
INCLUDING ON-SITE LEASED WORKERS FROM
ONIN STAFFING, FORMERLY MULBERRY GROUP
QUICK TEMPS/TEMPS USA, FOOTHILLS TEMP EMPLOYMENT AND
ESI EMPLOYMENT STAFFING
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 5, 2008,
applicable to workers of Broyhill Furniture Industries, Inc.,
Lenoir Chair #3, aka Lenoir Plant, 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 the production of residential upholstered
furniture.
New information shows that workers leased from Onin
Staffing, formerly Mulberry Group, Quick Temps/Temps USA,
Foothills Temp Employment and ESI Employment Staffing were
employed on-site at the Lenoir, North Carolina location of
Broyhill Furniture Industries, Inc., Lenoir Chair #3, aka Lenoir
Plant. The Department has determined that these workers were
sufficiently under the control of Broyhill Furniture Industries,
Inc., Lenoir Chair #3, aka Lenoir Plant 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, Quick Temps/Temps USA, Foothills Temp
Employment and ESI Employment Staffing 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.,
Lenoir Chair #3, aka Lenoir Plant who were adversely affected by
increased imports of residential upholstered furniture.
The amended notice applicable to TA-W-64,529 is hereby
issued as follows:
"All workers of Broyhill Furniture Industries, Lenoir
Chair #3, aka Lenoir Plant, including on-site leased
workers from Onin Staffing, formerly Mulberry Group,
Quick Temps/Temps USA, Foothills Temp Employment and
ESI Employment Staffing, Lenoir, North Carolina, who
became totally or partially separated from employment
on or after November 17, 2007 through December 5, 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-64,529
BROYHILL FURNITURE INDUSTRIES, INC.
LENOIR CHAIR #3
AKA LENOIR PLANT
LENIOR, 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 (19
USC 2273), as amended, 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 25, 2008 in
response to a petition filed by workers of Broyhill Furniture
Industries, Inc., Lenoir Chair #3, also known as Lenoir Plant,
Lenoir, North Carolina. Workers at the subject firm produced
residential upholstered furniture.
The investigation also revealed that sales, production and
employment declined during the relevant period.
The United States Department of Labor surveyed the subject
firm’s major declining customer regarding their purchases of
residential upholstered furniture in 2006, 2007, January through
October 2007 and January through October 2008. The survey revealed
increased imports of residential upholstered furniture 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 articles
like or directly competitive with residential upholstered furniture
manufactured by Broyhill Furniture Industries, Inc., Lenoir Chair
#3, also known as Lenoir Plant, Lenoir, North Carolina 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 Broyhill Furniture Industries, Inc., Lenoir
Chair #3, also known as Lenoir Plant, Lenoir, North Carolina
who became totally or partially separated from employment on
or after November 17, 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 5th day of December 2008
/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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