Certified
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TAW-71219  /  Bush Industries, Inc. (Jamestown, NY)

Petitioner Type: Company
Impact Date: 06/10/2008
Filed Date: 06/16/2009
Most Recent Update: 08/06/2009
Determination Date: 08/06/2009
Expiration Date: 08/06/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,219

BUSH INDUSTRIES
MASON DRIVE AND ALLEN STREET FACILITIES
INCLUDING ON-SITE LEASED WORKERS FROM OHIO SECURITY SYSTEMS,
MORRIS PROTECTIVE SERVICES, AND EXPRESS EMPLOYMENT
PROFESSIONALS
JAMESTOWN, NEW YORK

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on June 16, 2009 by a company official on behalf of
workers of Bush Industries Inc., Mason Drive and Allen Street
Facilities, Jamestown, New York (Bush Industries). The workers
produce ready-to-assemble furniture.
The worker group also consists of on-site leased workers
from Ohio Security Systems, Morris Protective Services, and
Express Employment Professionals.
The investigation revealed that Bush Industries has a
current trade certification (TA-W-61,998). The certification
expires on September 12, 2009.
The investigation revealed that workers of Bush Industries
who are engaged in employment related to ready-to-assemble
furniture meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at Bush Industries have been separated
based on June 2009 employment levels compared to employment
levels of June 2008.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of an article like
or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift of ready-to-
assemble furniture to China by Bush Industries contributed
importantly to worker group separations at Bush Industries
Inc., Mason Drive and Allen Street Facilities, Jamestown, New
York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bush Industries Inc.,
Mason Drive and Allen Street Facilities, Jamestown, New York,
who are engaged in employment related to ready-to-assemble
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 Bush Industries Inc., Mason Drive and
Allen Street Facilities, Jamestown, New York including
on-site leased workers from Ohio Security Systems, Morris
Protective Services, and Express Employment Professionals,
who become totally or partially separated from employment
on or after September 13, 2009, through two years from the
date of certification, and all workers in the group
threatened with total or partial separation from employment
on 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 6th day of August, 2009.


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