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TAW-71797C  /  Broyhill Furniture Industries, Inc. (Lenoir, NC)

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,797

BROYHILL FURNITURE INDUSTRIES, INC.
VISION ONE PLANT 008
INCLUDING ON-SITE LEASED WORKERS FROM ONIN STAFFING
LENOIR, NORTH CAROLINA

TA-W-71,797A

BROYHILL FURNITURE INDUSTRIES, INC.
BCW 195/BCT 196/BCG 197
INCLUDING ON-SITE LEASED WORKERS FROM THE PEOPLE CONNECTION
LENOIR, NORTH CAROLINA

TA-W-71,797B

BROYHILL FURNITURE INDUSTRIES, INC.
BROYHILL TRANSPORT 009
LENOIR, NORTH CAROLINA

TA-W-71,797C

BROYHILL FURNITURE INDUSTRIES, INC.
IMPORT WAREHOUSE 023
LENOIR, NORTH CAROLINA

TA-W-71,797D

BROYHILL FURNITURE INDUSTRIES, INC.
LENOIR FURNITURE CORP. 305
LENOIR, NORTH CAROLINA

TA-W-71,797E

BROYHILL FURNITURE INDUSTRIES, INC.
RUTHERFORD DISTRIBUTION CENTER 045
RUTHERFORDTON, NORTH CAROLINA

TA-W-71,797F

BROYHILL FURNITURE INDUSTRIES, INC.
UPHOLSTERY PRODUCT DEVELOPMENT 054
LENOIR, 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 23, 2009 by a company official on behalf of
workers of Broyhill Furniture Industries, Inc., Vision One
Plant 008, Lenoir, North Carolina (TA-W-71,797) engaged in
activities related to the production of upholstered
residential furniture; Broyhill Furniture Industries, Inc.,
BCW 195/BCT 196/BCG 197, Lenoir, North Carolina (TA-W-71,797A)
engaged in activities related to warehousing services;
Broyhill Furniture Industries, Inc., Broyhill Transport 009,
Lenoir, North Carolina (TA-W-71,797B) engaged in activities
related to transportation services from Broyhill's warehouses
to retail customers; Broyhill Furniture Industries, Inc.,
Import Warehouse 023, Lenoir, North Carolina (TA-W-71,797C);
engaged in activities related to warehousing services;
Broyhill Furniture Industries, Inc., Lenoir Furniture
Corporation 035 (TA-W-71,797D) engaged in activities related
to services; Broyhill Furniture Industries, Inc.,
Rutherfordton Distribution Center 045 (TA-W-71,797E) engaged
in activities related to warehousing services; and Broyhill
Furniture Industries, Inc., Upholstery Product Development
045, Lenoir, North Carolina (TA-W-71,797F) engaged in
activities related to the development of new product
prototypes supporting the Vision One 008 facility.
Broyhill's Vision One Plant 008 (TA-W-71,797) includes
on-site leased workers from Onin Staffing. Broyhill's BCW
195/BCT 196/BCG 197 facilities include on-site leased workers
from The People Connection.
Broyhill's Lenoir Furniture Corporation 035 (TA-W-71,797D)
worker group was certified eligible to apply for Trade
Adjustment Assistance (TAA) based on increased company imports
of residential furniture on January 9, 2007, under petition
number TA-W-60,535.
The investigation revealed that workers of Broyhill who are
engaged in activities related to the production and
warehousing of upholstered residential furniture meet the
criteria for certification.
Criterion I has been met because a significant number of
workers have been separated or threatened with separation.
Criterion II has been met because the workers' firm has
acquired from a foreign country articles and services like or
directly competitive with articles produced and services
supplied by the firm.
Criterion III has been met because the acquisition of
upholstered residential furniture and supply of warehousing
services from China, Vietnam, and Indonesia by Broyhill
contributed importantly to worker group separations at the
Lenoir, North Carolina and Rutherford, North Carolina
facilities.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Broyhill Furniture
Industries, Inc., Vision One Plant 008, including on-site
leased workers from Onin Staffing, Lenoir, North Carolina (TA-
W-71,797) engaged in activities related to the production of
upholstered residential furniture; Broyhill Furniture
Industries, Inc., BCW 195/BCT 196/BCG 197, including on-site
leased workers from The People Connection, Lenoir, North
Carolina (TA-W-71,797A), engaged in activities related to
warehousing services; Broyhill Furniture Industries, Inc.,
Broyhill Transport 009, Lenoir, North Carolina (TA-W-71,797B),
engaged in activities related to transportation services;
Broyhill Furniture Industries, Inc., Import Warehouse 023,
Lenoir, North Carolina (TA-W-71,797C), engaged in activities
related to warehousing services; Broyhill Furniture
Industries, Inc., Lenoir Furniture Corporation 035 (TA-W-
71,797D), engaged in activities related to warehousing
services; Broyhill Furniture Industries, Inc., Rutherfordton
Distribution Center 045 (TA-W-71,797E), engaged in activities
related to warehousing services; and Broyhill Furniture
Industries, Inc., Upholstery Product Development 045, Lenoir,
North Carolina (TA-W-71,797F), engaged in activities related
to the development of new product prototypes, 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 Broyhill Furniture Industries, Inc.,
Vision One Plant 008, including on-site leased workers
from Onin Staffing, Lenoir, North Carolina (TA-W-71,797);
Broyhill Furniture Industries, Inc., BCW 195/BCT 196/BCG
197, including on-site leased workers from The People
Connection, Lenoir, North Carolina (TA-W-71,797A);
Broyhill Furniture Industries, Inc., Broyhill Transport
009, Lenoir, North Carolina (TA-W-71,797B); Broyhill
Furniture Industries, Inc., Import Warehouse 023, Lenoir,
North Carolina (TA-W-71,797C); Broyhill Furniture
Industries, Inc., Rutherfordton Distribution Center 045
(TA-W-71,797E), and Upholstery Product Development 045,
Lenoir, North Carolina (TA-W-71,797F), who became totally
or partially separated from employment on or after July 22,
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.
AND
All workers of Broyhill Furniture Industries, Inc., Lenoir
Furniture Corporation 035 (TA-W-71,797D) who became
totally or partially separate from employment on or after
January 10, 2009, 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 17th day of February, 2010


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