Joy Technologies, Inc. DBA Joy Mining Machinery Mt. Vernon Plant, Mt. Vernon, Illinoi; Notice of Negative Determination on Reconsideration, 9162 [E6-2475]

Download as PDF 9162 Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices The intent of the Department’s certification is to include all workers of General Cable, a subsidiary of General Cable Technologies Corporation, Datacom Business Team, Dayville, Connecticut, who were adversely affected by increased customer imports. The amended notice applicable to TA–W–58,145 is hereby issued as follows: All workers of General Cable, a/k/a NextGen Fiber Optics, a subsidiary of General Cable Technologies Corporation, Data Com Business Team, Dayville, Connecticut, who became totally or partially separated from employment on or after October 17, 2004, through November 21, 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 6th day of February 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–2493 Filed 2–21–06; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–57,700] cprice-sewell on PROD1PC66 with NOTICES Joy Technologies, Inc. DBA Joy Mining Machinery Mt. Vernon Plant, Mt. Vernon, Illinoi; 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 VerDate Aug<31>2005 14:35 Feb 21, 2006 Jkt 208001 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, 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 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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 reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Joy Technologies, Inc., dba Joy Mining Machinery, Mt. Vernon Plant, Mt. Vernon, Illinois. Signed at Washington, DC, this 19th day of January 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance Assistance. [FR Doc. E6–2475 Filed 2–21–06; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–58,786] PPS Group, LLC (Prestige Staffing), City of Industry, CA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 3, 2006 in response to a worker petition filed by a company official on behalf of workers at PPS Group, LLC (Prestige Staffing), City of Industry, California. The petitioning group of workers is covered by an earlier petition (TA–W– 58,785) filed on February 3, 2006 that is the subject of an ongoing investigation for which a determination has not yet been issued. Further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation under this petition has been terminated. Signed at Washington, DC, this 7th day of February 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–2501 Filed 2–21–06; 8:45 am] BILLING CODE 4510–30–P E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Page 9162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2475]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-57,700]


Joy Technologies, Inc. DBA Joy Mining Machinery Mt. Vernon Plant, 
Mt. Vernon, Illinoi; 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 reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Joy Technologies, Inc., dba Joy 
Mining Machinery, Mt. Vernon Plant, Mt. Vernon, Illinois.

    Signed at Washington, DC, this 19th day of January 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance Assistance.
[FR Doc. E6-2475 Filed 2-21-06; 8:45 am]
BILLING CODE 4510-30-P

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