Certified
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TAW-70414  /  Berkline/BenchCraft, LLC (Morristown, TN)

Petitioner Type: Company
Impact Date: 05/19/2008
Filed Date: 05/22/2009
Most Recent Update: 07/31/2009
Determination Date: 07/31/2009
Expiration Date: 07/31/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,414

BERKLINE/BENCHCRAFT, LLC
PLANTS 1, 2, 3, AND 6
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
MORRISTOWN, TENNESSEE

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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 22, 2009, by a company official on behalf of
workers of Berkline/Benchcraft, LLC, Plants 1, 2, 3, and 6,
Morristown, Tennessee (Berkline/Benchcraft). The worker group
also includes leased workers of Manpower working on-site at
Berkline/Benchcraft, LLC, Plants 1, 2, 3, and 6, Morristown,
Tennessee. The workers produce upholstered furniture.
The investigation revealed that workers of
Berkline/Benchcraft who are engaged in employment related to
the production of upholstered furniture meet the criteria for
certification.
Section 222(a)(1) has been met because more than five
percent of the workers have been laid off during the relevant
period.
Section 222(a)(2)(A)(i) has been met because sales and
production of upholstered furniture at Berkline/Benchcraft
decreased from 2007 to 2008 and during January through April
2009 over the corresponding 2008 period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with upholstered
furniture produced by Berkline/Benchcraft increased in 2008 as
compared with 2007. Furthermore, the subject firm increased
their reliance of imported upholstered furniture during January
through April 2009 over the corresponding 2008 period.


Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of upholstered furniture contributed
importantly to the worker group separations and
sales/production declines at Berkline/Benchcraft, LLC, Plants
1, 2, 3, and 6, Morristown, Tennessee.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Berkline/Benchcraft,
LLC, Plants 1, 2, 3, and 6, Morristown, Tennessee, who are
engaged in employment related to the production of upholstered
furniture 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 Berkline/Benchcraft, LLC, Plants 1, 2, 3,
and 6, including on-site leased workers of Manpower,
Morristown, Tennessee, who became totally or partially
separated from employment on or after May 19, 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 31st day of July, 2009


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