DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,326

DURA ART STONE, INC.
FONTANA, CALIFORNIA

Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration

By application dated July 18, 2006, a representative of the
United Electrical, Radio, and Machine Workers of America (UE),
Local 1031, requested administrative reconsideration regarding
Alternative Trade Adjustment Assistance. The certification for
Trade Adjustment Assistance was signed on May 23, 2006. The
Department’s Notice of determination was published in the Federal
Register on June 22, 2006 (71 FR 35952).
The initial investigation determined that the subject worker
group possesses skills that are easily transferable.
The subject firm provided new information to show that the
workers possess skills that are not easily transferable.
At least five percent of the workforce at the subject from
is at least fifty years of age. Competitive conditions within
the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Dura Art Stone, Inc., Fontana, California,
who became totally or partially separated from employment on
or after May 3, 2005 through May 23, 2008, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C. this 9th day of August 2006.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,326

DURA ART STONE, INC.
FONTANA, CALIFORNIA


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 May 4, 2006 in response to
a petition filed by a union official on behalf of workers at Dura
Art Stone, Inc., Fontana, California. The workers are engaged in
the production of architectural pre-cast site furnishings.
Employment at the subject plant has declined, and the subject
firm has shifted the production of architectural pre-cast site
furnishings to a country (Mexico) that is a party to a Free Trade
Agreement with the United States.
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.
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 workers’ 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 those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
“All workers of Dura Art Stone, Inc., Fontana, California who
became totally or partially separated from employment on or
after May 3, 2005 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.”
I further determine that all workers of Dura Art Stone, Inc.,
Fontana, California 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 23rd day of May 2006.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance