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TAW-71363  /  Frank Chervan, Inc. (Bedford, VA)

Petitioner Type: Company
Impact Date: 06/12/2008
Filed Date: 06/24/2009
Most Recent Update: 02/05/2010
Determination Date: 02/05/2010
Expiration Date: 02/05/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,363

FRANK CHERVAN, INC.
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER TEMPORARY
SERVICES
BEDFORD, 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 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 June 24, 2009 by a company official on behalf of
workers of Frank Chervan, Inc., Bedford, Virginia. The workers
produce frames and components for wood furniture, finished wood
furniture and upholstered wood furniture. The worker group
includes on-site leased workers from Manpower Temporary
Services.
The investigation revealed that workers of Frank Chervan,
Inc. who are engaged in activities related to production of
consisting of frames and components for wood furniture,
finished wood furniture and upholstered wood furniture meet
the criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number of
the workers were separated or are threatened with separations
during the relevant period.
Criterion II has been met because workers of Frank
Chervan, Inc. produced and sold wood furniture frames and
components to a firm that employed a worker group that is
covered by an active certification to be incorporated into
furniture.
Criterion III has been met because the loss of business
by Frank Chervan with the TAA-certified firm, with respect to
wood furniture frames and components sold to the TAA-certified
firm, contributed importantly to worker separations at the
Bedford, Virginia facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Frank Chervan, Inc.
Bedford, Virginia including on-site leased workers from
Manpower Temporary Services, who are engaged in activities
related to the production of frames and components for wood
furniture, finished wood furniture and upholstered wood
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 Frank Chervan, Inc., including on-site
leased workers from Manpower Temporary Services, Bedford,
Virginia, who became totally or partially separated from
employment on or after June 12, 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 5th day of February, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance