Petitioner Type: Company
Impact Date: 09/14/2008
Filed Date: 09/18/2009
Most Recent Update: 03/26/2010
Determination Date: 03/26/2010
Expiration Date: 03/26/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,351
GUARDIAN FREIGHT, LLC
A WHOLLY-OWNED SUBSIDIARY OF VANGUARD FURNITURE, INC.
CONOVER, 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(c) of the Act, 19 U.S.C. § 2272(a), 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 "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on September 18, 2009 by a company official on behalf of
workers of Guardian Freight, LLC, a wholly-owned subsidiary of
Vanguard Furniture, Inc., Conover, North Carolina. The workers
provide freight transportation services.
The investigation revealed that workers of Guardian
Freight, LLC who are engaged in employment related to freight
transportation meet the criteria as a Downstream Producer for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers separated during the period of investigation.
Criterion II has been met because workers of Guardian
Freight, LLC supplied freight transportation to firms that
employed worker groups that are covered by active TAA
certifications.
Criterion III has been met because the loss of business
by Guardian Freight, LLC with the TAA-certified firms
contributed importantly to the worker separations at Guardian
Freight, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Guardian Freight,
LLC, Conover, North Carolina, who are engaged in employment
related to freight transportation meet the worker group
certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Guardian Freight, LLC, Conover, North
Carolina, who became totally or partially separated from
employment on or after September 14, 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 26th day of March, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,351
GUARDIAN FREIGHT, LLC
A WHOLLY-OWNED SUBSIDIARY OF VANGUARD FURNITURE, INC.
CONOVER, 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(c) of the Act, 19 U.S.C. § 2272(a), 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 "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on September 18, 2009 by a company official on behalf of
workers of Guardian Freight, LLC, a wholly-owned subsidiary of
Vanguard Furniture, Inc., Conover, North Carolina. The workers
provide freight transportation services.
The investigation revealed that workers of Guardian
Freight, LLC who are engaged in employment related to freight
transportation meet the criteria as a Downstream Producer for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers separated during the period of investigation.
Criterion II has been met because workers of Guardian
Freight, LLC supplied freight transportation to firms that
employed worker groups that are covered by active TAA
certifications.
Criterion III has been met because the loss of business
by Guardian Freight, LLC with the TAA-certified firms
contributed importantly to the worker separations at Guardian
Freight, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Guardian Freight,
LLC, Conover, North Carolina, who are engaged in employment
related to freight transportation meet the worker group
certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Guardian Freight, LLC, Conover, North
Carolina, who became totally or partially separated from
employment on or after September 14, 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 26th day of March, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance