Certified
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TAW-83012C  /  Continuity and Manpower (Jamestown, NY)

Petitioner Type: Company
Impact Date: 08/20/2012
Filed Date: 08/21/2013
Most Recent Update: 09/19/2013
Determination Date: 09/19/2013
Expiration Date: 09/19/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,012

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

TA-W-83,012A

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

TA-W-83,012B

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

TA-W-83,012C

CONTINUITY AND MANPOWER
WORKING ON-SITE AT
BUSH INDUSTRIES, INC.
MASON DRIVE FACILITY
JAMESTOWN, NEW YORK

TA-W-83,012D

CONTINUITY AND MANPOWER
WORKING ON-SITE AT
BUSH INDUSTRIES, INC.
ALLEN STREET FACILITY
JAMESTOWN, NEW YORK






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:
(1) 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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on August 21, 2013 by a company official on behalf of
workers of Bush Industries, Inc., Mason Drive Facility,
including on-site leased workers from Express Employment
Professionals and U.S. Security Association, Jamestown, New
York (TA-W-83,012) and Bush Industries, Inc., Allen Street
Facility, including on-site leased workers from Express
Employment Professionals and U.S. Security Association,
Jamestown, New York (TA-W-83,012A), Bush Industries of
Pennsylvania, Inc., including on-site leased workers from
Labor Ready, Erie, Pennsylvania (TA-W-83,012B), Continuity and
Manpower working on-site at Bush Industries, Inc., Mason Drive
Facility, Jamestown, New York (TA-W-83,012C), and Continuity
and Manpower working on-site at Bush Industries, Inc., Allen
Street Facility, Jamestown, New York (TA-W-83,012D). The
workers' firm is engaged in activities related to the production
of Ready-to-Assemble and assembled furniture, warehousing, and
distribution.
Workers of Bush Industries, Inc., Mason Drive Facility,
including on-site leased workers from Express Employment
Professionals and U.S. Security Association, Jamestown, New
York (TA-W-83,012), Bush Industries, Inc., Allen Street
Facility, including on-site leased workers from Express
Employment Professionals and U.S. Security Association,
Jamestown, New York (TA-W-83,012A), and Bush Industries of
Pennsylvania, Inc., including on-site leased workers from
Labor Ready, Erie, Pennsylvania (TA-W-83,012B) were previously
determined eligible to apply for Trade Adjustment Assistance
under TA-W-80,340, TA-W-80,340A, and TA-W-80,340B that expired
on September 9, 2013. Please note that TA-W-80,340 included
on-site leased workers from Morris Security Services, which
has changed its name to U.S. Security Association. On-site
leased workers from Continuity and Manpower working on-site at
the Mason Drive Facility and the Allen Street Facility were
not certified under TA-W-80,340.
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)(B) has been met because the workers'
firm has acquired from a foreign country articles like or
directly competitive with articles produced by the workers which
contributed importantly to worker group separations at Bush
Industries.
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 Express Employment Professionals and U.S. Security
Association, Jamestown, New York (TA-W-83,012), Bush
Industries, Inc., Allen Street Facility, including on-site
leased workers from Express Employment Professionals and U.S.
Security Association, Jamestown, New York (TA-W-83,012A), Bush
Industries of Pennsylvania, Inc., including on-site leased
workers from Labor Ready, Erie, Pennsylvania (TA-W-83,012B),
Continuity and Manpower working on-site at Bush Industries,
Inc., Mason Drive Facility, Jamestown, New York (TA-W-
83,012C), and Continuity and Manpower working on-site at Bush
Industries, Inc., Allen Street Facility, Jamestown, New York
(TA-W-83,012D), who are engaged in activities related to
production of Ready-to-Assemble and assembled furniture,
warehousing, and distribution center 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., Mason Drive
Facility, including on-site leased workers from Express
Employment Professionals and U.S. Security Association,
Jamestown, New York (TA-W-83,012) and Bush Industries,
Inc., Allen Street Facility, including on-site leased
workers from Express Employment Professionals and U.S.
Security Association, Jamestown, New York (TA-W-83,012A),
and Bush Industries of Pennsylvania, Inc., including on-
site leased workers from Labor Ready, Erie, Pennsylvania
(TA-W-83,012B), who became totally or partially separated
from employment on or after September 10, 2013 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,
AND
All workers of Continuity and Manpower working on-site at
Bush Industries, Inc., Mason Drive Facility, Jamestown,
New York (TA-W-83,012C), and Continuity and Manpower
working on-site at Bush Industries, Inc., Allen Street
Facility, Jamestown, New York (TA-W-83,012D), who became
totally or partially separated from employment on or after
August 20, 2012 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 19th day of September, 2013.


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance