Joy Technologies, Inc.; DBA Joy Mining Machinery; Mt. Vernon Plant; Mt. Vernon, IL; Notice of Negative Determination on Reconsideration, 4937-4938 [E6-1134]

Download as PDF Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices activities for an affiliated plant engaged in the production of flexible intermediate bulk containers (bulk bags). New information shows that the B.A.G. Corporation, Winzen Film, Inc. and Better Agriculture Goals are divisions of Super Sack Bag, Inc. Workers separated from employment at the subject firm had their wages reported under two separate unemployment insurance (UI) tax accounts for Winzen Film, Inc. and Better Agriculture Goals. Accordingly, the Department is amending the certification to properly reflect this matter. The intent of the Department’s certification is to include all workers of B.A.G. Corporation, Savoy, Texas who were adversely affected by a shift of production to Mexico. The amended notice applicable to TA–W–57,978 is hereby issued as follows: ‘‘All workers of B.A.G. Corporation, Winzen Film, Inc. and Better Agriculture, Goals, A Division of Super Sack Bag, Inc., Savoy, Texas who became totally or partially separated from employment on or after September 15, 2004, through October 18, 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 at Washington, DC, this 18th day of January 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–1137 Filed 1–27–06; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–58,576] cprice-sewell on PROD1PC66 with NOTICES Chemical Products Corporation, Cartersville, GA; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 4, 2006 in response to a worker petition filed by a company official on behalf of workers at Chemical Products Corporation, Cartersville, Georgia. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. VerDate Aug<31>2005 14:07 Jan 27, 2006 Jkt 208001 Signed at Washington, DC, this 17th day of January 2006 Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–1143 Filed 1–27–06; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–57,700] Joy Technologies, Inc.; DBA Joy Mining Machinery; Mt. Vernon Plant; Mt. Vernon, IL; Notice of Negative Determination on Reconsideration On November 16, 2005, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The Notice of determination regarding Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) was published in the Federal Register on December 15, 2005 (70 FR 74373). The International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 483, (‘‘Union’’) filed a petition on behalf of workers producing underground mining machinery (i.e. shuttle cars, electrical motors, gearboxes, and armored face conveyors) at the subject facility. Workers are not separately identifiable by product line. The initial investigation revealed that sales and employment at the subject facility increased in 2004 from 2003 levels, that sales remained stable in January through July 2005 over the corresponding 2004 period, and that employment increased during January through July 2005 over the corresponding 2004 period. Companywide sales increased during January through July 2005 from January through July 2005 levels. The investigation also revealed that the subject firm did not import articles like or directly competitive with those produced at the subject firm or shift production abroad. The Department determined that the worker separations at the subject firm are attributable to the firm’s shift in production from the subject facility to another domestic production facility. In a letter dated November 3, 2005, two workers and the Union requested administrative reconsideration. The request stated that the subject facility is ‘‘an upstream supplier to the Joy Mining Machinery facility’’ located in Franklin, PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 4937 Pennsylvania and alleged that component production is being shifted to Mexico. While the Union had filed the petition as primarily-affected (affected by imports or production shift of articles produced at the subject facility), the request for reconsideration is based on a secondarily-affected position (affected by loss of business as a supplier/ assembler/finisher of products or components for a TAA certified firm). Although the request for reconsideration is beyond the scope of the petition, the Department conducted an investigation to address the workers’ and Union’s allegations. As part of the reconsideration investigation, the Department contacted the petitioning workers, Union representatives, and the subject company for additional information and clarification of previously-submitted information. Joy Mining Machinery, Franklin, Pennsylvania, was certified for TAA on January 19, 2000 (expired January 19, 2002). Because the investigation revealed that employment, sales and production levels at the Franklin, Pennsylvania facility increased during relevant period and TAA certification for Joy Mining Machinery, Franklin, Pennsylvania had expired prior to the relevant period, the workers cannot be certified for TAA as secondarilyaffected. The reconsideration investigation also revealed that the subject company does not have a Mexico facility which produces articles which are like or directly competitive with those produced at the subject facility, that the work at issue is temporary work which was assigned to several subject company facilities (including the Mt. Vernon, Illinois facility) to help meet peak demand, and that the ‘‘overflow’’ work was for the production of articles not normally produced at the subject facility. The Department also confirmed that work shifted from the subject facility to an affiliated production facility in Kentucky. Conclusion 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. E:\FR\FM\30JAN1.SGM 30JAN1 4938 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices Signed at Washington, DC, this 19th day of January 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance Assistance. [FR Doc. E6–1134 Filed 1–27–06; 8:45 am] Signed at Washington, DC, this 18th day of January 2006. BILLING CODE 4510–30–P BILLING CODE 4510–30–P DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–1138 Filed 1–27–06; 8:45 am] [TA–W–58,562] [TA–W–58,177] Rexnord Disc Coupling Operation, Coupling Division Warren, PA; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated December 30, 2005, the International Association of Machinists and Aerospace Workers, Lodge No. 2304, (‘‘the Union’’) requested administrative reconsideration of the Department of Labor’s Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers of the subject firm. The Department’s determination was issued on December 16, 2005. The Department’s Notice was published in the Federal Register on January 5, 2006 (71 FR 620). The negative determination was based on the findings that company sales and production did not decline from 2003 through 2004, and January through October 2005 over the corresponding 2004 period. The determination also stated that the subject firm shifted plant production to Auburn, Alabama. In the request for reconsideration, the Union alleges that the subject firm increased imports, is shifting production to China and bringing back the finished product. The Department carefully reviewed the Union’s request for reconsideration and has determined that the Department will conduct further investigation based on new information provided by the Union and a more careful analysis of the record. cprice-sewell on PROD1PC66 with NOTICES Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor’s prior decision. The application is, therefore, granted. VerDate Aug<31>2005 14:07 Jan 27, 2006 Jkt 208001 Scholle Packaging, Rancho Dominguez, CA; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on December 30, 2005 in response to a worker petition filed by a company official on behalf of workers at Scholle Packaging, Rancho Dominguez, California. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 17th day of January 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–1141 Filed 1–27–06; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration 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 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on September 14, 2005 applicable to workers of Slater Screen Print Corporation, Pawtucket, Rhode Island and Slater Dye Works, Inc., Pawtucket, Rhode Island. The notice was published in the Federal Register on October 6, 2005 (70 FR 58477). The Department voluntarily reviewed the certification for workers of the Fmt 4703 Sfmt 4703 Signed at Washington, DC, this 13th day of January 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–1135 Filed 1–27–06; 8:45 am] DEPARTMENT OF LABOR Slater Screen Print Corporation; Pawtucket, RI; Slater Dye Works, Inc.; Pawtucket, RI; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Frm 00049 ‘‘All workers of Slater Screen Print Corporation, Pawtucket, Rhode Island (TA– W–57,749) and Slater Dye Works, Inc., Pawtucket, Rhode Island (TA–W–57,749A), who became totally or partially separated from employment on or after September 3, 2005, through September 14, 2007, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.’’ BILLING CODE 4510–30–P [TA–W–57,749; TA–W–57,749A] PO 00000 subject firm. The workers were engaged in the production of printed fabric; they are not separately identifiable by product line. New findings show that there was a previous certification, TA–W–52,384, issued on September 2, 2003, for workers of Slater Screen Print Corporation, Pawtucket, Rhode Island and Slater Dye Works, Inc., Pawtucket, Rhode Island who were engaged in employment related to the production of printed fabric. That certification expired September 2, 2005. To avoid an overlap in worker group coverage, this certification is being amended to change the impact date for workers of the subject firm from August 15, 2004 to September 3, 2005. The amended notice applicable to TA–W–57,749 and TA–W–57,749A are hereby issued as follows: Employment and Training Administration [TA–W–57,838] Texstyle, Inc.; Manchester, KY; Notice of Revised Determination on Reconsideration On December 22, 2005, the Department of Labor issued a Notice of Affirmative Determination Regarding Application for Reconsideration applicable to the subject firm. The Notice will soon be published in the Federal Register. During the initial investigation, the Department found that workers did not produce an article or support an affiliated domestic production facility during the relevant period. During the reconsideration investigation, it was found that production of home furnishings occurred at the subject facility during E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Notices]
[Pages 4937-4938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1134]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-57,700]


Joy Technologies, Inc.; DBA Joy Mining Machinery; Mt. Vernon 
Plant; Mt. Vernon, IL; Notice of Negative Determination on 
Reconsideration

    On November 16, 2005, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The Notice of determination 
regarding Trade Adjustment Assistance (TAA) and Alternative Trade 
Adjustment Assistance (ATAA) was published in the Federal Register on 
December 15, 2005 (70 FR 74373).
    The International Brotherhood of Boilermakers, Iron Ship Builders, 
Blacksmiths, Forgers and Helpers, Local 483, (``Union'') filed a 
petition on behalf of workers producing underground mining machinery 
(i.e. shuttle cars, electrical motors, gearboxes, and armored face 
conveyors) at the subject facility. Workers are not separately 
identifiable by product line.
    The initial investigation revealed that sales and employment at the 
subject facility increased in 2004 from 2003 levels, that sales 
remained stable in January through July 2005 over the corresponding 
2004 period, and that employment increased during January through July 
2005 over the corresponding 2004 period. Company-wide sales increased 
during January through July 2005 from January through July 2005 levels.
    The investigation also revealed that the subject firm did not 
import articles like or directly competitive with those produced at the 
subject firm or shift production abroad. The Department determined that 
the worker separations at the subject firm are attributable to the 
firm's shift in production from the subject facility to another 
domestic production facility.
    In a letter dated November 3, 2005, two workers and the Union 
requested administrative reconsideration. The request stated that the 
subject facility is ``an upstream supplier to the Joy Mining Machinery 
facility'' located in Franklin, Pennsylvania and alleged that component 
production is being shifted to Mexico.
    While the Union had filed the petition as primarily-affected 
(affected by imports or production shift of articles produced at the 
subject facility), the request for reconsideration is based on a 
secondarily-affected position (affected by loss of business as a 
supplier/assembler/finisher of products or components for a TAA 
certified firm). Although the request for reconsideration is beyond the 
scope of the petition, the Department conducted an investigation to 
address the workers' and Union's allegations.
    As part of the reconsideration investigation, the Department 
contacted the petitioning workers, Union representatives, and the 
subject company for additional information and clarification of 
previously-submitted information.
    Joy Mining Machinery, Franklin, Pennsylvania, was certified for TAA 
on January 19, 2000 (expired January 19, 2002). Because the 
investigation revealed that employment, sales and production levels at 
the Franklin, Pennsylvania facility increased during relevant period 
and TAA certification for Joy Mining Machinery, Franklin, Pennsylvania 
had expired prior to the relevant period, the workers cannot be 
certified for TAA as secondarily-affected.
    The reconsideration investigation also revealed that the subject 
company does not have a Mexico facility which produces articles which 
are like or directly competitive with those produced at the subject 
facility, that the work at issue is temporary work which was assigned 
to several subject company facilities (including the Mt. Vernon, 
Illinois facility) to help meet peak demand, and that the ``overflow'' 
work was for the production of articles not normally produced at the 
subject facility. The Department also confirmed that work shifted from 
the subject facility to an affiliated production facility in Kentucky.

Conclusion

    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.


[[Page 4938]]


    Signed at Washington, DC, this 19th day of January 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance Assistance.
[FR Doc. E6-1134 Filed 1-27-06; 8:45 am]
BILLING CODE 4510-30-P
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