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TAW-71071  /  Dura Operating Corporation (Rochester Hills, MI)

Petitioner Type: State
Impact Date: 06/01/2008
Filed Date: 06/09/2009
Most Recent Update: 08/26/2009
Determination Date: 08/26/2009
Expiration Date: 08/26/2011

CORRECTED: September 11, 2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,071

DURA OPERATING CORPORATION
D/B/A DURA AUTOMOTIVE SYSTEMS, INC.
CORPORATE OFFICE
INCLUDING ON-SITE LEASED WORKERS FROM TRIALON, OFFICE TEAM,
AND NEXT HIRE LIVE
ROCHESTER HILLS, MICHIGAN

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(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
(i)(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.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on June 9, 2009 by a state agency representative on
behalf of workers of Dura Operating Corporation, d/b/a Dura
Automotive Systems, Inc., Corporate Office, Rochester Hills,
Michigan. The workers perform administrative and support
functions such as finance and human resources for the entire
firm.
The worker group includes on-site leased workers from
Trialon, Office Team, and Next Hire Drive.
The investigation revealed that workers of Dura Operating
Corporation, d/b/a Dura Automotive Systems, Inc., Corporate
Office, Rochester Hills, Michigan who are engaged in
employment related to administrative and support functions
meet the criteria for certification.
Criterion I has been met because employment declined from
the subject firm from January through May 2009 when compared
to the same time period the previous year.
Criterion II has been satisfied because the workers at
the subject firm were in direct support of production of
automotive cables manufactured by Dura Automotive Systems, Inc.,
HCN Cable Division, Hannibal, Missouri. The workers of that
plant were certified eligibly to apply for adjustment assistance
based on a shift in production to a country with a free trade
agreement or beneficiary (TA-W-64,351) on November 13, 2008.
Criterion III has been met because the shift of
automotive cables to Mexico by Dura Automotive Systems, Inc.,
HCN Cable Division, Hannibal, Missouri contributed importantly
to worker group separations at Dura Operating Corporation,
d/b/a Dura Automotive Systems, Inc., Corporate Office,
Rochester Hills, Michigan.
















Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dura Operating
Corporation, d/b/a Dura Automotive Systems, Inc., Corporate
Office, Rochester Hills, Michigan, who are engaged in
employment related to administrative and support functions 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 Dura Operating Corporation, d/b/a Dura
Automotive Systems, Inc., Corporate Office, including on-
site leased workers from Trialon, Office Team, and Next
Hire Live, Rochester Hills, Michigan, who became totally
or partially separated from employment on or after June 1,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on 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 26th day of August, 2009

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