The York Group Metal Casket Assembly Matthews Casket Division, a Subsidiary of Matthews International, Marshfield, MO; Notice of Negative Determination on Reconsideration, 52584 [E6-14725]

Download as PDF rwilkins on PROD1PC63 with NOTICES 52584 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Notices TA–W–59,769; Chapin International, Batavia, NY. TA–W–59,799; J.D. Phillips Corporation, Alpena, MI. TA–W–59,860; Project Service, Inc., Park Falls, WI. The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. TA–W–59,783; Rodman Industries, Marinette, WI The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. TA–W–59,545; Getronics Wang Co. LLC, Liberty Lake, WA. TA–W–59,607; American Truetzschler Inc., Charlotte, NC. TA–W–59,695; Newell Rubbermaid Home Products, Centerville, IA. TA–W–59,759; Uniwave, Inc., Farmingdale, NY. TA–W–59,857; Culpepper Plastics Corporation, Clinton, AR: The investigation revealed that the predominate cause of worker separations is unrelated to criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.C) (shift in production to a foreign country). TA–W–59,690; Thomson Micron, LLC, Ronkonkoma, NY. TA–W–59,865; L.A. Dreyfus Company, Edison, NJ. The workers’ firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. TA–W–59,664; Federated Logistics and Operations, Milwaukee, OR. TA–W–59,677; Ray C. Smith, Beulaville, NC. TA–W–59,729; Sanyo Energy (USA) Corporation, San Diego, CA. The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers’ firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. None. I hereby certify that the aforementioned determinations were issued during the month of August 14 through August 18, 2006. Copies of these determinations are available for inspection in Room C–5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. VerDate Aug<31>2005 18:44 Sep 05, 2006 Jkt 208001 Dated: August 28, 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6–14728 Filed 9–5–06; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–59,227] The York Group Metal Casket Assembly Matthews Casket Division, a Subsidiary of Matthews International, Marshfield, MO; Notice of Negative Determination on Reconsideration On July 12, 2006, the Department issued an Affirmative Determination Regarding Application on Reconsideration applicable to workers and former workers of the subject firm. The notice was published in the Federal Register on July 25, 2006 (71 FR 42128). The Department initially denied Trade Adjustment Assistance to workers of The York Group Metal Casket Assembly, Matthews Casket Division, a subsidiary of Matthews International, Marshfield, Missouri, based on criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) of the group eligibility requirements of Section 222 of the Trade Act of 1974, as amended, not being met: A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated. The workers at the subject firm are engaged in employment related to the production of metal caskets. The petitioner indicated that the Department of Labor did not consider the loss of wages and hours of the worker group in the initial investigation. The petitioner also indicated that the Department should request the Affirmative Action Plan for 2004, 2005, and 2006, thus far, from the company for the subject firm, specifying weekly production numbers and weekly hours. The petitioner believes this Plan will reveal that five percent of the workforce was affected by layoffs and decreased hours. The Department, upon the request of the petitioner, acquired additional information as it pertains to workers’ hours and wages during the relevant period. That data was not requested during the initial investigation. The Department also revisited the subject firm’s employment numbers for the relevant period. The additional data obtained from the company revealed PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 that the subject firm did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. The petitioner’s statement regarding loss of hours and wages does not meet the definition of partial separations, defined as the worker’s hours of work have been reduced to 80 percent or less of the worker’s average weekly hours at the firm or appropriate subdivision thereof, and the worker’s wages have been reduced to 80 percent or less of the worker’s average weekly wage at the firm or appropriate subdivisions thereof, as set forth by the trade regulations. The company official provided information showing that the average wage rate, not considering average overtime, has increased during the relevant period. Additionally, as it pertains to hours, no workers were placed on a reduced, less than 40 hours per week for more than two consecutive weeks, work schedule during the relevant period. Furthermore, employment as the subject firm still revealed an insignificant percentage of separations, as defined by the criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A), during the scope of the initial investigation; therefore, the group eligibility requirement was not met. If conditions change, the petitioners may reapply for Trade Adjustment Assistance group eligibility. 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 The York Group Metal Casket Assembly, Matthews Casket Division, a subsidiary of Matthews International, Marshfield, Missouri. Signed at Washington, DC this 28th day of August 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–14725 Filed 9–5–06; 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 and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Page 52584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14725]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,227]


The York Group Metal Casket Assembly Matthews Casket Division, a 
Subsidiary of Matthews International, Marshfield, MO; Notice of 
Negative Determination on Reconsideration

    On July 12, 2006, the Department issued an Affirmative 
Determination Regarding Application on Reconsideration applicable to 
workers and former workers of the subject firm. The notice was 
published in the Federal Register on July 25, 2006 (71 FR 42128).
    The Department initially denied Trade Adjustment Assistance to 
workers of The York Group Metal Casket Assembly, Matthews Casket 
Division, a subsidiary of Matthews International, Marshfield, Missouri, 
based on criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) of the group 
eligibility requirements of Section 222 of the Trade Act of 1974, as 
amended, not being met: A significant number or proportion of the 
workers in such workers' firm, or an appropriate subdivision of the 
firm, have become totally or partially separated, or are threatened to 
become totally or partially separated. The workers at the subject firm 
are engaged in employment related to the production of metal caskets.
    The petitioner indicated that the Department of Labor did not 
consider the loss of wages and hours of the worker group in the initial 
investigation. The petitioner also indicated that the Department should 
request the Affirmative Action Plan for 2004, 2005, and 2006, thus far, 
from the company for the subject firm, specifying weekly production 
numbers and weekly hours. The petitioner believes this Plan will reveal 
that five percent of the workforce was affected by layoffs and 
decreased hours.
    The Department, upon the request of the petitioner, acquired 
additional information as it pertains to workers' hours and wages 
during the relevant period. That data was not requested during the 
initial investigation. The Department also revisited the subject firm's 
employment numbers for the relevant period. The additional data 
obtained from the company revealed that the subject firm did not 
separate or threaten to separate a significant number or proportion of 
workers as required by Section 222 of the Trade Act of 1974.
    The petitioner's statement regarding loss of hours and wages does 
not meet the definition of partial separations, defined as the worker's 
hours of work have been reduced to 80 percent or less of the worker's 
average weekly hours at the firm or appropriate subdivision thereof, 
and the worker's wages have been reduced to 80 percent or less of the 
worker's average weekly wage at the firm or appropriate subdivisions 
thereof, as set forth by the trade regulations.
    The company official provided information showing that the average 
wage rate, not considering average overtime, has increased during the 
relevant period. Additionally, as it pertains to hours, no workers were 
placed on a reduced, less than 40 hours per week for more than two 
consecutive weeks, work schedule during the relevant period. 
Furthermore, employment as the subject firm still revealed an 
insignificant percentage of separations, as defined by the criteria 
(a)(2)(A)(I.A) and (a)(2)(B)(II.A), during the scope of the initial 
investigation; therefore, the group eligibility requirement was not 
met. If conditions change, the petitioners may reapply for Trade 
Adjustment Assistance group eligibility.

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 The York Group Metal Casket Assembly, 
Matthews Casket Division, a subsidiary of Matthews International, 
Marshfield, Missouri.

    Signed at Washington, DC this 28th day of August 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-14725 Filed 9-5-06; 8:45 am]
BILLING CODE 4510-30-P

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