DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-90,036

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

TA-W-90,036A

KELLY SERVICES
WORKING ON-SITE AT BUSH INDUSTRIES OF PENNSYLVANIA, INC.
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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
the 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) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production is
related to the article or service that was the basis for
such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on July 16, 2015 by a company official on behalf of
workers of Bush Industries of Pennsylvania, Inc., including on-
site leased workers from Labor Ready, Erie, Pennsylvania (TA-
W-90,036) and Kelly Services, working on-site at Bush
Industries of Pennsylvania, Inc., Erie, Pennsylvania (TA-W-
90,036A). The workers' firm is engaged in activities related to
the supply of distribution and warehouse services of furniture
sold by Bush Industries, Inc.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(b)(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(b)(2) has been met because workers of Bush
Industries of Pennsylvania, Inc., is a Downstream Producer to a
firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a), and such service is related to the actual
finished article or service that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by Bush Industries of Pennsylvania, Inc., with the
aforementioned firm contributed importantly to worker
separations at Bush Industries of Pennsylvania, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bush Industries of
Pennsylvania, Inc., including on-site leased workers from
Labor Ready, Erie, Pennsylvania (TA-W-90,036) and Kelly
Services, working on-site at Bush Industries of Pennsylvania,
Inc., Erie, Pennsylvania (TA-W-90,036A), who are engaged in
activities related to the supply of distribution and warehouse
services meet the worker group certification criteria under
Section 222(b) of the Act, 19 U.S.C. § 2272(b). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the
following certification:
"All workers of Bush Industries of Pennsylvania, Inc.,
including on-site leased workers from Labor Ready, Erie,
Pennsylvania (TA-W-90,036), who became totally or partially
separated from employment on or after September 20, 2015,
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;









AND,
All workers of Kelly Services, working on-site at Bush
Industries of Pennsylvania, Inc., Erie, Pennsylvania (TA-
W-90,036A), who became totally or partially separated from
employment on or after January 1, 2014, 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 13th day of November 2015.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance