J.E. Morgan Knitting Mills (Sara Lee) Tamaqua, PA; Notice of Termination of Investigation, 40738-40739 [E5-3741]

Download as PDF 40738 Federal Register / Vol. 70, No. 134 / Thursday, July 14, 2005 / Notices assistance for the subject worker group was issued on June 10, 2003 and the Notice of determination was published in the Federal Register on June 19, 2003 (68 FR 36846). Workers produced paper patterns and sample garments at the subject facility. The investigation revealed that worker separations at the subject facility are not attributable to either increased in imports or a shift of production abroad of paper patterns and sample garments, but are attributable to a change in the company’s production technology which resulted in substitution of the manual labor by computer design programs. By application of July 2, 2003, the workers requested administrative reconsideration of the negative determination. In the request for reconsideration, the workers assert that the subject company could not have replaced the manual labor with a computer program (due to the complexity of decision making required in pattern making and the physical demands required to construct sample garments) and that the subject company must have outsourced production (possibly to a foreign source). The Department contacted a company official and was informed that the computer program had reduced the need for manpower and that the work performed by the petitioners had not been outsourced, domestically or abroad. The Notice of Negative Determination Regarding Application for Reconsideration was issued on August 19, 2003 and published in the Federal Register on September 30, 2003 (68 FR 56327). The workers’ request was denied because there was no error or misunderstanding of the law or facts in the investigation. By letter dated September 24, 2003, the petitioners appealed to the USCIT for judicial review. In the appeal, the petitioners alleged that a computer pattern making program cannot replace human pattern makers, but was merely a tool to be used by the subject workers, and stated that it is their belief that their jobs were being outsourced abroad since the subject firm has not reduced the number of styles produced. On February 7, 2005, the USCIT directed the Department to investigate into the petitioner’s allegation that the new computer program cannot replace the human pattern makers, to determine the reason(s) for the subject firm’s reduced need for garment samples and patterns in the period prior to the subject workers’ separations, and to determine the subject workers’ eligibility to apply for trade adjustment VerDate jul<14>2003 18:32 Jul 13, 2005 Jkt 205001 assistance as provided by the Trade Act of 1974. In response to the petitioners’ claim that the new computer program could not have replaced the manual pattern makers, the Department contacted a company official for clarification about the pattern making process. The company official described the process and explained how the need for manual pattern making was reduced by new pattern making technology. The company official also clarified that the sample makers made samples from manually created patterns and not the computer-generated patterns. Prior to the new technology, technical pattern design teams created new patterns with the pattern makers drawing each new pattern by hand based on the designers’ advice. The new pattern making technology enabled the technical designers to access a library of electronically-stored patterns and utilize those patterns in creating new patterns, thereby reducing the need for handdrawn patterns. As the technology became more efficient, the need for manual pattern makers decreased. Prior to the workers’ separations in January 2003, the subject company had conducted a productivity analysis and concluded that there was not enough work to justify the then-current staffing levels of manual pattern makers and sample makers. There was a reduced need for the manual pattern makers due to increased productivity in other areas of production and decreased need for new patterns as existing patterns stored in the computer could be recalled and utilized. The company determined that one manual pattern maker could manage the workload of four manual pattern makers, and reduced the staff accordingly. Since the manual sample makers created samples from the patterns drawn by the manual pattern makers, the need for manual sample makers decreased as the number of hand-drawn patterns decreased. Thus, the level of manual staffing was reduced to match the level of manual pattern makers. While sample imports increased after the implementation of new technology in March 2003, the company’s submissions clearly show that the separations were not due to the subject company shifting production abroad or increasing imports of patterns or samples during the relevant period, but due to the subject company’s institution of production improvement measures which resulted in the reduced need for manual labor in general. As such, the Department has determined that the workers have not met the criteria set forth in Section 222 of the Trade Act of PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 1974, as amended, and are not eligible to apply for worker adjustment assistance. Conclusion After reconsideration on remand, I affirm the original notice of negative determination of eligibility to apply for adjustment assistance for workers and former workers of Federated Merchandising Group, a Part of Federated Department Stores, New York, New York. Signed at Washington, DC, this 6th day of July, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–3735 Filed 7–13–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–57,232] Ingram Micro, Santa Ana, CA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 23, 2005 in response to a worker petition filed by a company official on behalf of workers at Ingram Micro, Santa Ana, California. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 17th day of June, 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–3744 Filed 7–13–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–57,121] J.E. Morgan Knitting Mills (Sara Lee) Tamaqua, PA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on May 5, 2005 in response to a petition filed by a company official on behalf of workers at J.E. Morgan Knitting Mills (Sara Lee), Tamaqua, Pennsylvania. E:\FR\FM\14JYN1.SGM 14JYN1 Federal Register / Vol. 70, No. 134 / Thursday, July 14, 2005 / Notices The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 17th day of June, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–3741 Filed 7–13–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment 40739 Assistance, at the address shown below, not later than June 25, 2005. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 25, 2005. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C–5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 28th day of June, 2005. Timothy Sullivan, Director, Division of Trade Adjustment Assistance. APPENDIX [Petitions instituted between 06/06/2005 and 06/10/2005] TA–W 57,315 57,316 57,317 57,318 57,319 57,320 57,321 57,322 57,323 57,324 57,325 57,326 57,327 57,328 57,329 57,330 57,331 57,332 57,333 57,334 57,335 57,336 57,337 57,338 57,339 57,340 57,341 57,342 57,343 57,344 57,345 57,346 57,347 57,348 57,349 57,350 57,351 ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... 57,352 57,353 57,354 57,355 57,356 ........... ........... ........... ........... ........... VerDate jul<14>2003 Date of institution Date of petition Subject firm (petitioners) Location Magruder Color (State) ................................... Flow Robotic Systems, Inc. (Wkrs) ................ Power-One (Wkrs) .......................................... Seneca Foods Corp. (Wkrs) ........................... L.R. Nelson Corporation (State) ..................... Sabre Inc. (NPS) ............................................. Reum Corporation (State) ............................... Danaher Tool Group (State) ........................... American Safety Razor Company (Comp) ..... Plymouth Rubber Co., Inc. (Comp) ................ Danly IEM (AFLCIO) ....................................... Intel Corporation (Wkrs) .................................. WestPoint Stevens (Comp) ............................ REHAU, Inc. (Comp) ...................................... Kimberly-Clark (Comp) ................................... Davy Manufacturing (Wkrs) ............................ Ready Fixtures (MCIW) .................................. Fabry Industries (Wkrs) .................................. Ready Metal Manufacturing, Co. (Comp) ....... Century Furniture Ind. (Comp) ........................ Teledyne Instruments (State) ......................... United Machine Works, Inc. (Comp) .............. Bernhardt (Wkrs) ............................................. Cardinal Home Products (Comp) ................... Frazer and Jones Co. (Comp) ........................ Top Ride Fashion (Comp) .............................. Haggar Clothing Co. (Wkrs) ........................... Bemis Company, Inc. (Comp) ........................ IBM OS Systems Support (NPS) .................... Kulicke and Soffa Industries (Comp) .............. Merrimac Paper Co., Inc. (Comp) .................. Linn, Inc. (Comp) ............................................ Hart Furniture Mfg. Company (State) ............. Magnus Group (The) (Comp) ......................... PMC—Sierra (Comp) ...................................... Motor Appliance Corporation (IBT) ................. Medicare Assoc. of United Gov’t Srvs, LLC (Wkrs). Specialty Filaments, Inc. (Wkrs) ..................... WestPoint Stevens (Comp) ............................ Visteon Systems, LLC (IUE) ........................... FEMDS, Inc. (Comp) ...................................... KeyTronicEMS (Comp) ................................... Elizabeth, NJ ................................................... Wixom, MI ....................................................... Andover, MA ................................................... Dayton, WA ..................................................... Peoria, IL ......................................................... Southlake, TX ................................................. Waukegan, IL .................................................. West Hartford, CT ........................................... Knoxville, TN ................................................... Canton, MA ..................................................... Beaver Dam, WI ............................................. Hillsboro, OR ................................................... Lanett, AL ........................................................ Sturgis, MI ....................................................... Fort Worth, TX ................................................ Collingdale, PA ............................................... Shell Lake, WI ................................................. Green Bay, WI ................................................ Chicago, IL ...................................................... Longview, NC .................................................. City of Industry, CA ......................................... Bethel, NC ....................................................... Lenoir, NC ....................................................... Linesville, PA .................................................. Soway, NY ...................................................... S. El Monte, CA .............................................. Weslaco, TX .................................................... Dallas, TX ....................................................... Royston, GA .................................................... San Jose, CA .................................................. Lawrence, MA ................................................. Parsons, TN .................................................... Corning, AR .................................................... Emigsville, PA ................................................. Santa Clara, CA .............................................. Washington, MO ............................................. Ashland, WI ..................................................... 06/06/2005 06/06/2005 06/06/2005 06/06/2005 06/06/2005 06/06/2005 06/07/2005 06/07/2005 06/07/2005 06/07/2005 06/07/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/08/2005 06/09/2005 06/09/2005 06/09/2005 06/09/2005 06/09/2005 06/09/2005 06/09/2005 06/09/2005 06/09/2005 06/09/2005 06/06/2005 06/06/2005 06/06/2005 06/03/2005 06/02/2005 06/03/2005 06/06/2005 06/07/2005 06/01/2005 06/06/2005 06/02/2005 06/03/2005 06/06/2005 06/01/2005 04/01/2005 06/01/0005 05/31/2005 06/07/2005 06/07/2005 06/07/2005 06/07/2005 06/03/2005 05/25/2005 06/08/2005 05/23/2005 05/16/2005 05/26/2005 06/07/2005 06/06/2005 06/08/2005 06/02/2005 06/03/2005 06/08/2005 06/09/2005 06/06/2005 06/09/2005 06/04/2005 Burlington, VT ................................................. Wagram, NC ................................................... Connersville, IN ............................................... Gaithersburg, MD ............................................ Las Cruces, NM .............................................. 06/09/2005 06/10/2005 06/10/2005 06/10/2005 06/10/2005 05/23/2005 06/10/2005 06/10/2005 06/10/2005 06/08/2005 18:32 Jul 13, 2005 Jkt 205001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Notices]
[Pages 40738-40739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3741]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-57,121]


J.E. Morgan Knitting Mills (Sara Lee) Tamaqua, PA; Notice of 
Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, an investigation 
was initiated on May 5, 2005 in response to a petition filed by a 
company official on behalf of workers at J.E. Morgan Knitting Mills 
(Sara Lee), Tamaqua, Pennsylvania.

[[Page 40739]]

    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed in Washington, DC, this 17th day of June, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-3741 Filed 7-13-05; 8:45 am]
BILLING CODE 4510-30-P