DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,506

MEL BERNIE AND COMPANY
DBA 1928 JEWELRY COMPANY
BURBANK, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its 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)(A) of Section 222 have been met.
The investigation was initiated on March 6, 2009 in
response to a petition filed by workers of Mel Berne and
Company, dba 1928 Jewelry Company, Burbank, California. The
workers produce jewelry. Workers are not separately identifiable
by product line.
The investigation revealed that employment, sales and
production at the subject firm declined during the relevant
period.
The investigation also revealed that the subject firm
increased their reliance on imported jewelry from 2007 to 2008.
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 order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that an increased reliance of
imported articles like or directly competitive with jewelry
produced at Mel Berne and Company, dba 1928 Jewelry Company,
Burbank, California contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Mel Berne and Company, dba 1928 Jewelry
Company, Burbank, California who became totally or
partially separated from employment on or after January 29,
2008 through two years from the date of certification 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 30th day of April 2009.


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