Petitioner Type: Workers
Impact Date: 03/15/2009
Filed Date: 03/22/2010
Most Recent Update: 08/13/2010
Determination Date: 08/13/2010
Expiration Date: 08/13/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,753
LODGING BY LIBERTY, INC.
A SUBSIDIARY OF BROWN JORDAN INTERNATIONAL, INC. (BJI)
INCLUDING WORKERS WHOSE WAGES WERE REPORTED
UNDER BJI EMPLOYEE SERVICES
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
LIBERTY, 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. (Set forth in 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 March 22, 2010 on behalf of workers of Lodging by
Liberty, Inc., a subsidiary of Brown Jordan International, Inc.
(BJI) including workers whose wages were reported under BJI
Employee Services, Liberty, North Carolina (Lodging Liberty).
The workers are engaged in activities related to production of
commercial indoor seating products. The worker group includes
on-site leased workers from Express Employment Professionals.
The investigation revealed that workers of Lodging by
Liberty, who are engaged in activities related to production of
commercial indoor seating products, meet the criteria for
certification.
Criterion I has been met because a significant proportion
of workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of commercial indoor seating products by
Lodging by Liberty to a foreign country.
Criterion III has been met because the shift in production
of commercial indoor seating products by Lodging by Liberty to
contributed importantly to worker group separations at the
Liberty, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lodging by Liberty,
Inc., a subsidiary of Brown Jordan International, Inc. (BJI)
including workers whose wages were reported under BJI Employee
Services, including on-site leased workers from Express
Employment Professionals, Liberty, North Carolina, who are
engaged in employment related to production of commercial indoor
seating products, 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 Lodging by Liberty, Inc., a subsidiary of
Brown Jordan International, Inc. (BJI) including workers
whose wages were reported under BJI Employee Services,
including on-site leased workers from Express Employment
Professionals, Liberty, North Carolina, who became totally
or partially separated from employment on or after March
15, 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 13th day of August, 2010
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,753
LODGING BY LIBERTY, INC.
A SUBSIDIARY OF BROWN JORDAN INTERNATIONAL, INC. (BJI)
INCLUDING WORKERS WHOSE WAGES WERE REPORTED
UNDER BJI EMPLOYEE SERVICES
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
LIBERTY, 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. (Set forth in 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 March 22, 2010 on behalf of workers of Lodging by
Liberty, Inc., a subsidiary of Brown Jordan International, Inc.
(BJI) including workers whose wages were reported under BJI
Employee Services, Liberty, North Carolina (Lodging Liberty).
The workers are engaged in activities related to production of
commercial indoor seating products. The worker group includes
on-site leased workers from Express Employment Professionals.
The investigation revealed that workers of Lodging by
Liberty, who are engaged in activities related to production of
commercial indoor seating products, meet the criteria for
certification.
Criterion I has been met because a significant proportion
of workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of commercial indoor seating products by
Lodging by Liberty to a foreign country.
Criterion III has been met because the shift in production
of commercial indoor seating products by Lodging by Liberty to
contributed importantly to worker group separations at the
Liberty, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lodging by Liberty,
Inc., a subsidiary of Brown Jordan International, Inc. (BJI)
including workers whose wages were reported under BJI Employee
Services, including on-site leased workers from Express
Employment Professionals, Liberty, North Carolina, who are
engaged in employment related to production of commercial indoor
seating products, 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 Lodging by Liberty, Inc., a subsidiary of
Brown Jordan International, Inc. (BJI) including workers
whose wages were reported under BJI Employee Services,
including on-site leased workers from Express Employment
Professionals, Liberty, North Carolina, who became totally
or partially separated from employment on or after March
15, 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 13th day of August, 2010
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance