Bernhardt Furniture Company, Plant 7, Contract Office Furniture Division, Lenoir, NC; Dismissal of Application for Reconsideration, 45436 [E5-4214]
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45436
Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Notices
The petition for the workers of
American Wood Moulding, LLC, El
Paso, Texas engaged in distribution of
wood products was denied because the
petitioning workers did not produce an
article within the meaning of section
222 of the Act.
The petitioner contends that the
Department erred in its interpretation of
work performed at the subject facility as
a service and further conveys that
workers of the subject company
converted wood products to customer
specifications. He further states that
because moulding was cut into various
length to meet customer requests at the
subject facility, workers of the subject
firm should be considered engaged in
production.
A company official was contacted for
clarification in regard to the nature of
the work performed at the subject
facility. The official stated that the
subject firm is strictly a distribution and
warehousing facility. The official further
clarified that workers of the subject firm
do not produce an item, but only
occasionally cut finished wood
moulding into different lengths as
requested by customers. He also stated
that by cutting the moulding, workers
do not add value or transform the
finished moulding into a new and
different product, and perform cutting
for the retail purposes in the
distribution stage.
The sophistication of the work
involved is not an issue in ascertaining
whether the petitioning workers are
eligible for trade adjustment assistance,
but rather only whether they produced
an article within the meaning of section
222 of the Trade Act of 1974.
Cutting finished products from bulk
form into various length as requested by
customers in the distribution or retail
stage is not considered production of an
article within the meaning of section
222 of the Trade Act. Petitioning
workers do not produce an ‘‘article’’
within the meaning of the Trade Act of
1974.
The investigation on reconsideration
supported the findings of the primary
investigation that the petitioning group
of workers does not produce an article.
Only in very limited instances are
service workers certified for TAA.
Namely the worker separations must be
caused by a reduced demand for their
services from a parent or controlling
firm or subdivision whose workers
produce an article and who are
currently certifiable for TAA; or if the
group of workers are leased workers
who perform their duties onsite at the
TAA certifiable location on established
contractual basis.
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Conclusion
DEPARTMENT OF LABOR
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Employment and Training
Administration
Signed in Washington, DC, this 13th day of
July, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–4213 Filed 8–4–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–57,046]
Bernhardt Furniture Company, Plant 7,
Contract Office Furniture Division,
Lenoir, NC; Dismissal of Application
for Reconsideration
Pursuant to 29 CFR 90.18(C) an
application for administrative
reconsideration was filed with the
Director of the Division of Trade
Adjustment Assistance for workers at
Bernhardt Furniture Company, Plant 7,
Contract Office Furniture Division,
Lenoir, North Carolina. The application
contained no new substantial
information which would bear
importantly on the Department’s
determination. Therefore, dismissal of
the application was issued.
TA–W–57,046; Bernhardt Furniture
Company, Plant 7, Contract Office
Furniture Division, Lenoir, North
Carolina (July 18, 2005).
Signed in Washington, DC this 28th day of
July 2005.
Timothy Sullivan,
Director, Division of Trade Adjustment
Assistance.
[FR Doc. E5–4214 Filed 8–4–05; 8:45 am]
BILLING CODE 4510–30–P
PO 00000
[TA–W–57,409]
Elbeco, Inc., Meyersdale
Manufacturing Co., Meyersdale, PA;
Amended 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 U.S.C. 2273), and
section 246 of the Trade Act of 1974, as
amended, the Department of Labor
issued a Certification of Eligibility to
Apply for Worker Adjustment
Assistance and Alternative Trade
Adjustment Assistance on July 8, 2005,
applicable to workers of Elbeco, Inc.,
Meyersdale Manufacturing Co.,
Meyersdale, Pennsylvania. The notice
will soon be published in the Federal
Register.
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers produce woven uniform shirts.
The review shows that all workers of
Elbeco, Inc., Meyersdale Manufacturing,
Meyersdale, Pennsylvania, were
certified eligible to apply for adjustment
assistance under petition number TA–
W–41,709, which expired on August 23,
2004.
In order to avoid an overlap in worker
group coverage, the Department is
amending the current certification for
workers of Elbeco, Inc., Meyersdale
Manufacturing, Meyersdale,
Pennsylvania, to change the impact date
from June 7, 2004, to August 24, 2004.
The amended notice applicable to
TA–W–57,409 is hereby issued as
follows:
All workers of Elbeco, Inc., Meyersdale
Manufacturing Co., Meyersdale,
Pennsylvania, who became totally or
partially separated from employment on or
after August 24, 2004, through July 8, 2007,
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, DC, this 20th day of
July 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–4218 Filed 8–4–05; 8:45 am]
BILLING CODE 4510–30–P
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[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Notices]
[Page 45436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4214]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-57,046]
Bernhardt Furniture Company, Plant 7, Contract Office Furniture
Division, Lenoir, NC; Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for administrative
reconsideration was filed with the Director of the Division of Trade
Adjustment Assistance for workers at Bernhardt Furniture Company, Plant
7, Contract Office Furniture Division, Lenoir, North Carolina. The
application contained no new substantial information which would bear
importantly on the Department's determination. Therefore, dismissal of
the application was issued.
TA-W-57,046; Bernhardt Furniture Company, Plant 7, Contract Office
Furniture Division, Lenoir, North Carolina (July 18, 2005).
Signed in Washington, DC this 28th day of July 2005.
Timothy Sullivan,
Director, Division of Trade Adjustment Assistance.
[FR Doc. E5-4214 Filed 8-4-05; 8:45 am]
BILLING CODE 4510-30-P
