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TAW-80340A  /  Bush Industries, Inc. (Jamestown, NY)

Petitioner Type: Company
Impact Date: 08/07/2011
Filed Date: 08/04/2011
Most Recent Update: 09/09/2011
Determination Date: 09/09/2011
Expiration Date: 09/09/2013

DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-80,340

BUSH INDUSTRIES, INC.
MASON DRIVE FACILITY
INCLUDING ON-SITE LEASED WORKERS
FROM MORRIS SECURITY SERVICES AND
EXPRESS EMPLOYMENT PROFESSIONALS
JAMESTOWN, NEW YORK

TA-W-80,340A

BUSH INDUSTRIES, INC.
ALLEN STREET FACILITY
INCLUDING ON-SITE LEASED WORKERS
FROM MORRIS SECURITY SERVICES AND
EXPRESS EMPLOYMENT PROFESSIONALS
JAMESTOWN, NEW YORK

TA-W-80,340B

BUSH INDUSTRIES OF PENNSYLVANIA, INC.
INCLUDING ON-SITE LEASED WORKERS OF LABOR READY
ERIE, PENNSYLVANIA

Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) , as amended, and Section 246 of the Trade Act of 1974
(26 USC 2813), as amended, the Department of Labor issued a
Certification of Eligibility to Apply for Worker Adjustment
Assistance on September 9, 2011, applicable to workers and
former workers of Bush Industries, Inc., Mason Drive Facility,
Jamestown, New York (TA-W-80,340) and Bush Industries, Inc.,
Allen Street Facility, Jamestown, New York (TA-W-80,340A). The
workers’ firm is engaged in activities related to the production
of Ready-To-Assemble (RTA) furniture.
At the request of the subject firm, the Department reviewed
the certification for workers of the subject firm.
New information provided by the subject firm shows that an
affiliated warehouse and distribution facility operated in
conjunction with the subject firm’s Jamestown, New York
facilities and the workers at the Erie, Pennsylvania facility
were adversely impacted by increased imports of RTA furniture.
The worker group at the Erie, Pennsylvania facility includes on-
site leased workers of Labor Ready.
The intent of the Department’s certification is to include
all workers at the subject firm who are adversely affected by
increased imports of RTA furniture during the relevant period.
Based on these findings, the Department is amending this
certification to include workers, including on-site leased
workers, at the subject firm’s Erie, Pennsylvania facility.
The amended notice applicable to TA-W-80,340 is hereby
issued as follows:







“All workers of Bush Industries, Inc., Mason Drive
Facility, including on-site leased workers from Morris
Security Services and Express Employment Professionals,
Jamestown, New York (TA-W-80,340), Bush Industries, Inc.,
Allen Street Facility, including on-site leased workers
from Morris Security Services and Express Employment
Professionals, Jamestown, New York (TA-W-80,340A), and Bush
Industries of Pennsylvania, Inc., including on-site leased
workers of Labor Ready, Erie, Pennsylvania (TA-W-80,340B),
who became totally or partially separated from employment
on or after August 7, 2011, through September 9, 2013,
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.”
Signed in Washington, D. C. this 25th day of April, 2013
/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-80,340

BUSH INDUSTRIES, INC.
MASON DRIVE FACILITY
INCLUDING ON-SITE LEASED WORKERS
FROM MORRIS SECURITY SERVICES AND
EXPRESS EMPLOYMENT PROFESSIONALS
JAMESTOWN, NEW YORK

TA-W-80,340A

BUSH INDUSTRIES, INC.
ALLEN STREET FACILITY
INCLUDING ON-SITE LEASED WORKERS
FROM MORRIS SECURITY SERVICES AND
EXPRESS EMPLOYMENT PROFESSIONALS
JAMESTOWN, NEW YORK

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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:
(1) a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision have
increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm or subdivision

The investigation was initiated in response to a petition
filed on August 4, 2011 by a company official on behalf of
workers of Bush Industries, Inc., Mason Drive Facility,
Jamestown, New York (TA-W-80,340) and Bush Industries, Inc.,
Allen Street Facility, Jamestown, New York (TA-W-80,340A)
(Bush Jamestown). The workers’ firm is engaged in activities
related to the production of Ready-To-Assemble (RTA) furniture.
The worker group, Bush Jamestown, includes on-site leased
workers from Morris Security Services and Express Employment
Professionals.
The worker group, Bush Jamestown, was covered by an
existing certification, (TA-W-71,219), which expired on August
6, 2011.
During the course of the investigation, information was
collected from the workers’ firm and the United States
International Trade Commission.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers’ firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production of Ready-To-Assemble (RTA) furniture by Bush
Jamestown have decreased.
Section 222(a)(2)(A)(ii) has been met because firm
imports of articles like or directly competitive with the
Ready-To-Assemble (RTA) furniture produced by Bush Jamestown
have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Bush Jamestown.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers’ firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers’ firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bush Industries,
Inc., Mason Drive Facility, including on-site leased workers
from Morris Security Services and Express Employment
Professionals, Jamestown, New York (TA-W-80,340) and Bush
Industries, Inc., Allen Street Facility, including on-site
leased workers from Morris Security Services and Express
Employment Professionals, Jamestown, New York (TA-W-80,340A),
who are engaged in activities related to the production of
Ready-To-Assemble (RTA) furniture meet the worker group
certification criteria under 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., Mason Drive
Facility, including on-site leased workers from Morris
Security Services and Express Employment Professionals,
Jamestown, New York (TA-W-80,340) and Bush Industries,
Inc., Allen Street Facility, including on-site leased
workers from Morris Security Services and Express
Employment Professionals, Jamestown, New York (TA-W-
80,340A), who became totally or partially separated from
employment on or after August 7, 2011, 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, and are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D. C. this 9th day of September, 2011


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









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