Certified
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TAW-90037  /  Bush Industries, Inc. (Jamestown, NY)

Petitioner Type: Company
Impact Date: 09/20/2015
Filed Date: 07/16/2015
Most Recent Update: 11/13/2015
Determination Date: 11/13/2015
Expiration Date: 11/13/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-90,037

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

TA-W-90,037A

KELLY SERVICES
WORKING ON-SITE AT BUSH INDUSTRIES, INC.
MASON DRIVE FACILITY
JAMESTOWN, NEW YORK

TA-90,037B

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

TA-W-90,037C

KELLY SERVICES
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 July 16, 2015 by a company official on behalf of
workers of Bush Industries, Inc., Mason Drive facility,
including on-site leased workers from Express Employment
Professionals, Kelly Services, and US Security Assoc.,
Jamestown, New York and Bush Industries, Inc., Allen Street
Facility, including on-site leased workers from Express
Employment Professionals, Kelly Services, and US Security
Assoc., Jamestown, New York (herein known as "Bush Industries,
Inc." or "workers' firm"). The workers' firm is engaged in
activities related to the production of ready to assemble (RTA)
and assembled furniture.
The worker group was previously certified eligible to apply
for Trade Adjustment Assistance under petition number TA-W-
83,012 & TA-W-83,012A which expired on September 19, 2015. The
workers of Kelly Services were not named.
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 shifted to a foreign country the production of an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at Bush Industries, Inc.
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, Kelly Services, and US
Security Assoc., Jamestown, New York and Bush Industries,
Inc., Allen Street Facility, including on-site leased workers
from Express Employment Professionals, Kelly Services, and US
Security Assoc., Jamestown, New York, who are engaged in
activities related to the production of ready to assemble (RTA)
and assembled 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., Mason Drive
Facility, including on-site leased workers from Express
Employment Professionals and US Security Assoc.,
Jamestown, New York (TA-W-90,037) and Bush Industries,
Inc., Allen Street Facility, including on-site leased
workers from Express Employment Professionals and US
Security Assoc., Jamestown, New York (TA-W-90,037B), 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, Inc., Mason Drive Facility, Jamestown, New
York (TA-W-90,037A) and Kelly Services, working on-site at
Bush Industries, Inc., Allen Street Facility, Jamestown,
New York (TA-W-90,037C), 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