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TAW-75271  /  Broyhill Furniture Industries, Inc. (Lenoir, NC)

Petitioner Type: Company
Impact Date: 12/03/2010
Filed Date: 02/14/2011
Most Recent Update: 03/07/2011
Determination Date: 03/07/2011
Expiration Date: 03/07/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,271

BROYHILL FURNITURE INDUSTRIES, INC.
CORPORATE OFFICE
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
BROYHILL AND FURNITURE BRANDS RESOURCE CO.
INCLUDING ON-SITE LEASED WORKERS FROM ONIN STAFFING
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 February 14, 2011 by a company official on behalf of
workers of Broyhill Furniture Industries, Inc., Corporate
Office, Lenoir, North Carolina. The worker group also
includes workers whose wages were reported under Broyhill and
Furniture Brands Resource Co. and on-site leased workers from
Onin Staffing (hereto known as Broyhill Corporate Office).
The workers are engaged in activities related to the supply
of corporate administrative support services - logistical,
operational and functional support.
The worker group was certified eligible to apply for
Trade Adjustment Assistance (TAA) on December 2, 2008 based on
company imports (TA-W-64,678).
The investigation revealed that workers of Broyhill
Corporate Office who are engaged in activities related to the
supply of corporate administrative support services meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the workers' firm have been separated
or threatened with worker separations.
Criterion II has been met because the firm has shifted to
a foreign country the supply a service like or directly
competitive with the service supplied by the workers at the
subject firm.
Criterion III has been met because the shift of some
corporate administrative support services to China and Vietnam
by the firm contributed importantly to worker group
separations at Broyhill Corporate Office.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Broyhill Furniture
Industries, Inc., Corporate Office, including workers whose
wages were reported under Broyhill and Furniture Brands
Resource Co. and on-site leased workers from Onin Staffing,
Lenoir, North Carolina, who are engaged in activities related to
the supply of corporate administrative support services 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.,
Corporate Office, including workers whose wages were
reported under Broyhill and Furniture Brands Resource Co.
and on-site leased workers from Onin Staffing, Lenoir,
North Carolina, who became totally or partially separated
from employment on or after December 3, 2010, 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 7th day of March, 2011


/s/Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance