U.S. DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TA-W-41,525

STANLEY FURNITURE COMPANY, INC.
STANLEYTOWN, VIRGINIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974
(19 USC 2273) as amended by the Omnibus Trade and Competitiveness
Act of 1988 (P. L. 100-418), the U.S. Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met.
The investigation was initiated on May 13, 2002 in response
to a petition filed on behalf of workers at Stanley Furniture
Company, Inc., Stanleytown, Virginia.
The petitioners are security personnel at the subject
company. The petitioners were separated when the service they
performed were contracted out to a private security company.
The investigation revealed that the petitioners of Stanley
Furniture Company, Inc. do not produce an article within the
meaning of Section 222(3) of the Act. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by Section 222 of
the Trade Act of 1974, and this determination has been upheld in
the U. S. Court of Appeals.
Workers of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Currently, a NAFTA-TAA petition investigation is pending on
behalf of the workers at the subject company, NAFTA-6148.
Conclusion
After careful review, I determine that workers of Stanley
Furniture Company, Inc., Stanleytown, Virginia providing security
services are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 24th day of July 2002.
/s/ Edward A. Tomchick
_____________________________
EDWARD A. TOMCHICK
Director, Division of Trade
Adjustment Assistance