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TAW-74413  /  McGuire Furniture Company (San Francisco, CA)

Petitioner Type: Workers
Impact Date: 07/08/2009
Filed Date: 07/20/2010
Most Recent Update: 08/24/2010
Determination Date: 08/24/2010
Expiration Date: 08/24/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,413

MCGUIRE FURNITURE COMPANY
A BUSINESS UNIT OF KOHLER CO.
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER AND AJILON
SAN FRANCISCO, CALIFORNIA

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 20, 2010 on behalf of workers of McGuire Furniture
Company, a business unit of Kohler Co., San Francisco,
California. The workers are engaged in activities related to the
production of luxury and hospitality furniture. The worker group
includes on-site leased workers of Manpower and Ajilon.
The investigation revealed that workers of the subject firm
meet the criteria for certification.
Criterion I has been met because a significant percentage
of workers at the subject firm have been separated during the
relevant period.
Criterion II has been met because the subject firm has
shifted the production of luxury and hospitality furniture to
Indonesia during the relevant period.
Criterion III has been met because the shift in
production of luxury and hospitality furniture by the subject
firm to Indonesia contributed importantly to worker
separations at the subject firm during the relevant period.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of the McGuire Furniture
Company, a business unit of Kohler Co., including on-site leased
workers of Manpower and Ajilon, San Francisco, California, who
are engaged in activities related to the production of luxury
and hospitality 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 McGuire Furniture Company, a business unit
of Kohler Co., including on-site leased workers of Manpower
and Ajilon, San Francisco, California, who became totally
or partially separated from employment on or after July 8,
2009 through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on 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 24th day of August, 2010


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance