United Auto Workers, Local 969 Columbus, OH; Dismissal of Application for Reconsideration, 76700 [E6-21794]
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Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices
published in the Federal Register on
October 31, 2006 (71 FR 63800).
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts
not previously considered that the
determination complained of was
erroneous;
(2) if it appears that the determination
complained of was based on a mistake
in the determination of facts not
previously considered; or
(3) if in the opinion of the Certifying
Officer, a mis-interpretation of facts or
of the law justified reconsideration of
the decision.
The TAA petition, filed on behalf of
workers at Short Bark Industries, Tellico
Plains, Tennessee engaged in
production of cut pieces for camouflage
clothing was denied because the
‘‘contributed importantly’’ group
eligibility requirement of Section 222 of
the Trade Act of 1974 was not met. The
‘‘contributed importantly’’ test is
generally demonstrated through a
survey of the workers’ firm’s customers.
The survey revealed no imports of cut
pieces for camouflage clothing in 2004,
2005 and January through August of
2006 when compared with the same
period in 2005. The subject firm did not
import cut pieces for camouflage
clothing in the relevant period nor did
it shift production to a foreign country.
In the request for reconsideration, the
petitioner alleges that the layoffs at the
subject firm are attributable to a shift in
production to Honduras and Puerto
Rico.
Two company officials were
contacted regarding the above
allegations. The company officials
stated that the subject firm did not shift
production from the subject facility to
Honduras. The officials stated that the
subject firm exported cut pieces for
camouflage clothing abroad to a
customer with the foreign facility for
further production. This ceased its
business with the subject firm in order
to perform all the cutting abroad. The
Short Bark Industries decided not to
pursue the cutting business any longer
and sold some of the machinery from
the subject firm to the customer. Both of
the officials confirmed that there is no
affiliation between Short Bark
Industries, Tellico Plains, Tennessee
and its major customer.
Contact with an official of the subject
firm’s customer confirmed that all
production for this customer was
exclusively for export purposes. As
trade adjustment assistance is
concerned exclusively with whether
imports impact layoffs of petitioning
worker groups, the above-mentioned
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17:01 Dec 20, 2006
Jkt 211001
allegations regarding agreements
between the subject firm and their
foreign customer base are irrelevant.
The official also confirmed that some
of the production was shifted from the
subject facility to a plant in Puerto Rico
during the relevant time period.
In the request for reconsideration, the
petitioner seems to imply that a shift of
production to Puerto Rico on the part of
the company constitutes a shift of
production to a country included in
Caribbean Basin Economic Recovery
Act. The petitioner seems to conclude
that this shift to Puerto Rico is
responsible for separations at the subject
facility.
Puerto Rico is a U.S. Territory and
therefore any movement of production
to this region would not constitute a
shift of production to a foreign source.
The petitioner provided the name of
the former supervisor who according to
the petitioner is currently in Honduras
training workers.
The official confirmed this statement
and added that this supervisor in
question is now employed by subject
firm’s customer and is working in
Honduras on behalf of this customer.
The petitioner also provided a name
of the subject firm’s employee who is
allegedly currently making patterns for
the Honduras plant.
The Department contacted this
employee to verify the above
information. The employee stated that
he is still employed by Short Bark
Industries and that he does not make
markers or patterns for the Honduras
plant.
The petitioner attached an article,
with no reference to the source or the
date of the article. The article is a short
biography on the founder of Short Bark
Industries, and refers to the activities of
the subject firm from 1991 to 2003.
In its investigation, the Department
considers events and facts that occurred
within a year prior to the date of the
petition. Thus, the period between 1991
and 2003 is outside of the relevant
period as established by the current
petition date of November 9, 2006.
The officials of the subject firm
confirmed directly that Short Bark
Industries did not shift production from
the subject firm to any facility abroad in
the relevant period.
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.
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Signed at Washington, DC, this 13th day of
December, 2006
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment, Assistance.
[FR Doc. E6–21791 Filed 12–20–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–60,306]
United Auto Workers, Local 969
Columbus, OH; 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
United Auto Workers, Local 969,
Columbus, Ohio. The application did
not contain new information supporting
a conclusion that the determination was
erroneous, and also did not provide a
justification for reconsideration of the
determination that was based on either
mistaken facts or a misinterpretation of
facts or of the law. Therefore, dismissal
of the application was issued.
TA–W–60,306; United Auto Workers,
Local 969 Columbus, Ohio
(December 8, 2006)
Signed at Washington, DC this 13th day of
December 2006.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment, Assistance.
[FR Doc. E6–21794 Filed 12–20–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–60,078]
Weyerhaeuser Company Lebanon
Lumber Division Lebanon, OR; Notice
of Affirmative Determination Regarding
Application for Reconsideration
By application dated November 27,
2006, the Carpenter’s Industrial Council,
United Brotherhood of Carpenters and
Joiners of America (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 October 19, 2006. The Department’s
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21DEN1
]]>Agencies
[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Page 76700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21794]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-60,306]
United Auto Workers, Local 969 Columbus, OH; 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 United Auto Workers, Local 969,
Columbus, Ohio. The application did not contain new information
supporting a conclusion that the determination was erroneous, and also
did not provide a justification for reconsideration of the
determination that was based on either mistaken facts or a
misinterpretation of facts or of the law. Therefore, dismissal of the
application was issued.
TA-W-60,306; United Auto Workers, Local 969 Columbus, Ohio (December 8,
2006)
Signed at Washington, DC this 13th day of December 2006.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment, Assistance.
[FR Doc. E6-21794 Filed 12-20-06; 8:45 am]
BILLING CODE 4510-30-P
