Petitioner Type: Company
Impact Date: 02/04/2011
Filed Date: 12/15/2010
Most Recent Update: 02/10/2011
Determination Date: 02/10/2011
Expiration Date: 02/10/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,995
BUSH INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS AND LABOR READY
ERIE, PENNSYLVANIA
Amended 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 issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on February 10, 2011, applicable to
workers of Bush Industries, Inc., including on-site leased
workers from Express Employment Professionals and Labor Ready,
Erie, Pennsylvania. The workers are engaged in the production
of ready-to-assemble wood furniture. The determination was
issued on February 10, 2011. The Department’s Notice will soon
be published in the Federal Register.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The review
shows that a certification of eligibility to apply for worker
adjustment assistance was issued for all workers of Bush
Industries, Inc., including on-site leased workers from Express
Employment Professionals and Labor Ready, Erie, Pennsylvania,
separated from employment on or after January 26, 2009 through
February 3, 2011 (TA-W-64,750). The Department’s Notice was
published in the Federal Register on March 3, 2009 (74 FR 9282).
In order to avoid an overlap in worker group coverage, the
Department is amending the December 10, 2009 impact date
established for TA-W-74,995 to read February 4, 2011.
The amended notice applicable to TA-W-74,995 is hereby
issued as follows:
“All workers of Bush Industries, Inc., including on-site
leased workers from Express Employment Professionals and
Labor Ready, Erie, Pennsylvania, who became totally or
partially separated from employment on or after February 4,
2011, through February 10, 2013, 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 9th day of March, 2011
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,995
BUSH INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM EXPRESS EMPLOYMENT PROFESSIONALS
AND LABOR READY
ERIE, PENNSYLVANIA
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 December 15, 2010, by a company official on behalf of
workers of Bush Industries, Inc., Erie, Pennsylvania (Bush).
The workers are engaged in employment related to the production
of ready-to-assemble wood furniture. The worker group includes
on-site leased workers from Express Employment Professionals
and Labor Ready.
The investigation further revealed that workers of Bush,
who are engaged in employment related to the production of
ready-to-assemble wood furniture, meet the criteria for
certification.
Criterion I has been met because a significant number of
workers have been totally or partially separated, or are
threatened with such separation, during the relevant period.
Criterion II has been met because Bush has shifted to a
foreign country the production of articles like or directly
competitive with the ready-to-assemble furniture produced by
the workers.
Criterion III has been met because the shift to China has
contributed importantly to worker group separations at the
Erie, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bush Industries,
Inc., including on-site leased workers from Express Employment
Professionals and Labor Ready, Erie, Pennsylvania, who are
engaged in employment related to production of ready-to-assemble
wood 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 Bush Industries, Inc., including on-site
leased workers from Express Employment Professionals and
Labor Ready, Erie, Pennsylvania, who became totally or
partially separated from employment on or after December
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 10th day of February, 2011
/s/Del-Min Amy Chen________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
2
Employment and Training Administration
TA-W-74,995
BUSH INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS AND LABOR READY
ERIE, PENNSYLVANIA
Amended 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 issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on February 10, 2011, applicable to
workers of Bush Industries, Inc., including on-site leased
workers from Express Employment Professionals and Labor Ready,
Erie, Pennsylvania. The workers are engaged in the production
of ready-to-assemble wood furniture. The determination was
issued on February 10, 2011. The Department’s Notice will soon
be published in the Federal Register.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The review
shows that a certification of eligibility to apply for worker
adjustment assistance was issued for all workers of Bush
Industries, Inc., including on-site leased workers from Express
Employment Professionals and Labor Ready, Erie, Pennsylvania,
separated from employment on or after January 26, 2009 through
February 3, 2011 (TA-W-64,750). The Department’s Notice was
published in the Federal Register on March 3, 2009 (74 FR 9282).
In order to avoid an overlap in worker group coverage, the
Department is amending the December 10, 2009 impact date
established for TA-W-74,995 to read February 4, 2011.
The amended notice applicable to TA-W-74,995 is hereby
issued as follows:
“All workers of Bush Industries, Inc., including on-site
leased workers from Express Employment Professionals and
Labor Ready, Erie, Pennsylvania, who became totally or
partially separated from employment on or after February 4,
2011, through February 10, 2013, 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 9th day of March, 2011
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,995
BUSH INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM EXPRESS EMPLOYMENT PROFESSIONALS
AND LABOR READY
ERIE, PENNSYLVANIA
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 December 15, 2010, by a company official on behalf of
workers of Bush Industries, Inc., Erie, Pennsylvania (Bush).
The workers are engaged in employment related to the production
of ready-to-assemble wood furniture. The worker group includes
on-site leased workers from Express Employment Professionals
and Labor Ready.
The investigation further revealed that workers of Bush,
who are engaged in employment related to the production of
ready-to-assemble wood furniture, meet the criteria for
certification.
Criterion I has been met because a significant number of
workers have been totally or partially separated, or are
threatened with such separation, during the relevant period.
Criterion II has been met because Bush has shifted to a
foreign country the production of articles like or directly
competitive with the ready-to-assemble furniture produced by
the workers.
Criterion III has been met because the shift to China has
contributed importantly to worker group separations at the
Erie, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bush Industries,
Inc., including on-site leased workers from Express Employment
Professionals and Labor Ready, Erie, Pennsylvania, who are
engaged in employment related to production of ready-to-assemble
wood 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 Bush Industries, Inc., including on-site
leased workers from Express Employment Professionals and
Labor Ready, Erie, Pennsylvania, who became totally or
partially separated from employment on or after December
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 10th day of February, 2011
/s/Del-Min Amy Chen________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
2