Petitioner Type: State
Impact Date: 09/09/2003
Filed Date: 09/10/2004
Most Recent Update: 09/21/2004
Determination Date: 09/21/2004
Expiration Date: 09/21/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,584
POMPEII FURNITURE, INC.
A DIVISION OF BROWN JORDAN INTERNATIONAL
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER INTERNATIONAL
MIAMI, FLORIDA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the 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 Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated on September 10, 2004, in
response to a petition filed by a state agency representative on
behalf of workers of Pompeii Furniture, Inc., a division of
Brown Jordan International, Miami, Florida. The workers
produced aluminum patio furniture.
The subject firm also leased on-site workers from Manpower
International, Miami, Florida.
The preponderance in the declines in employment at the
subject firm is related to a partial shift in plant production
of aluminum patio furniture to a country (Mexico) party to a
Free Trade Agreement with the United States.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, 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 criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed workers in the subject firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with the aluminum patio
furniture produced by the subject firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Pompeii Furniture, Inc., a division of
Brown Jordan International, including on-site leased
workers from Manpower International, Miami, Florida, who
became totally or partially separated from employment on or
after September 9, 2003, through two years from the date of
certification are eligible, to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974;" and
I further determine that all workers of Pompeii Furniture,
a division of Brown Jordan International, including on-site
leased workers from Manpower International, Miami, Florida, are
denied eligibility to apply for alternative trade adjustment
Assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 21st day of September 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance