Petitioner Type: Company
Impact Date: 07/06/2008
Filed Date: 07/06/2009
Most Recent Update: 11/18/2009
Determination Date: 11/18/2009
Expiration Date: 11/18/2011
Employment and Training Administration
TA-W-71,546
BODET & HURST USA LP
A SUBSIDIARY OF BODET & HURST GMBH & CO. KG
INCLUDING ON-SITE LEASED WORKERS FROM SELECT STAFFING AND
WORKFORCE CAROLINA
MT. AIRY, NORTH CAROLINA
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 July 6, 2009 by a company official on behalf of
workers of Bodet & Horst USA LP, a subsidiary of Bodet & Horst
GmbH & Co. KG, Mt. Airy, North Carolina (Bodet & Horst). The
workers produce knitted fabric for mattress covers. The
worker group includes on-site leased workers from Select
Staffing and Workforce Carolina.
The investigation revealed that workers of Bodet & Horst
who are engaged in employment related to production of knitted
fabric for mattress covers meet the criteria for
certification.
Criterion I has been met because a significant proportion
of the workers have become separated from employment during
the relevant period.
Criterion II has been met because the workers' firm has
shifted to El Salvador the production of an article like or
directly competitive with the article produced by the workers.
Criterion III has been met because the shift in
production by Bodet & Horst contributed importantly to worker
group separations at the Mt. Airy, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bodet & Horst USA LP,
a subsidiary of Bodet & Horst GmbH & Co. KG, Mt. Airy, North
Carolina, who are engaged in employment related to production of
knitted fabric 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 Bodet & Horst USA LP, a subsidiary of
Bodet & Horst GmbH & Co. KG, including on-site leased
workers from Select Staffing and Workforce Carolina, Mt.
Airy, North Carolina who became totally or partially
separated from employment on or after July 6, 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 18th day of November, 2009
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance