DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,116

MULLICAN LUMBER CO. LP
A SUBSIDIARY OF BAILLIE LUMBER CO.
INCLUDING ON-SITE LEASED WORKERS
FROM EMPLOYMENT SOLUTIONS
RONCEVERTE, WEST VIRGINIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 19, 2009, by a company official on behalf of
workers of Mullican Lumber Co. LP, a subsidiary of Baillie
Lumber Co., Ronceverte, West Virginia (Mullican Lumber). The
workers produce hardwood lumber for use in flooring, cabinets,
and furniture.
The worker group at the subject facility includes on-site
leased workers from Employment Solutions.
The investigation revealed that workers of Mullican Lumber
who are engaged in employment related to the production of
hardwood lumber meet the criteria as Suppliers for secondary
worker certification.
Criterion I has been met because employment at the
subject facility declined during the relevant period.
Criterion II has been satisfied because workers of
Mullican Lumber produced and sold hardwood lumber to Armstrong
Wood Products to be incorporated into hardwood flooring.
Workers of Armstrong Wood Products are covered by
certification number TA-W-64,395. The certification was based
on increased customer imports of hardwood flooring.
Criterion III has been met because the loss of business
by Mullican Lumber with respect to hardwood lumber sold to
Armstrong Wood Products contributed importantly to worker
separations at Mullican Lumber.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Mullican Lumber Co.
LP, a subsidiary of Baillie Lumber Co., Ronceverte, West
Virginia, who are engaged in activities related to the
production of hardwood lumber meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:




"All workers of Mullican Lumber Co. LP, a subsidiary of
Baillie Lumber Co., including on-site leased workers from
Employment Solutions, Ronceverte, West Virginia, who became
totally or partially separated from employment on or after
May 18, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 22nd day of September 2009.

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