Davis International, Okolona, MS; Notice of Negative Determination Regarding Application for Reconsideration, 4534 [E7-1469]
Download as PDF
<![CDATA[
4534
Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Notices
The petitioner has requested that the
petition be withdrawn. Consequently,
further investigation in this case would
serve no purpose, and the investigation
has been terminated.
Signed in Washington, DC, this 23rd day
of January, 2007.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–1474 Filed 1–30–07; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–60,409]
mstockstill on PROD1PC62 with NOTICES
Davis International, Okolona, MS;
Notice of Negative Determination
Regarding Application for
Reconsideration
By application of January 2, 2007, a
petitioner requested administrative
reconsideration of the Department’s
negative determination regarding
eligibility for workers and former
workers of the subject firm to apply for
Alternative Trade Adjustment
Assistance (ATAA).
The workers of Davis International,
Okolona, Mississippi were certified
eligible to apply for Trade Adjustment
Assistance (TAA) and denied to apply
for ATAA on December 5, 2006. The
denial notice will be soon published in
the Federal Register.
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 group eligibility criteria for the
ATAA program that the Department
must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of
workers in the workers’ firm are 50
years of age or older.
2. Whether the workers in the
workers’ firm possess skills that are not
easily transferable.
3. The competitive conditions within
the workers’ industry (i.e., conditions
within the industry are adverse).
VerDate Aug<31>2005
15:08 Jan 30, 2007
Jkt 211001
The initial ATAA investigation
revealed that no workers at the subject
firm were 50 years of age or older during
the relevant time period and thus
criterion (1) has not been met.
In the request for reconsideration, the
petitioner stated that he was part of the
petitioning worker group and that he
was also over the age of 50 during the
relevant time period.
A company official was contacted to
confirm the age of all the employees of
the subject firm during the relevant time
period. The company official did
acknowledge the fact that the worker
who submitted the request for
reconsideration is over the age of 50 and
that she made a mistake omitting him
from the petitioning worker group
during the initial investigation. The
official further stated that this worker
was the only employee over the age of
50 or older at the subject firm during the
relevant time period.
When assessing eligibility for ATAA,
the Department makes its
determinations based on the
requirements as outlined in Section 222
of the Trade Act. In particular, the
Department considers the relevant
employment data for the facility where
the petitioning worker group was
employed in order to establish whether
criterion 1 has been met. For this
purpose, the term ‘‘significant number’’
means five percent of the adversely
affected workforce or 50 workers,
whichever is less, or at least three
workers in a firm with less than 50
adversely affected workers.
As the total number of workers 50
years of age or older was one employee
during the relevant period, criterion (1)
of the eligibility requirements for ATAA
has not been met.
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.
Signed at Washington, DC this 17th day of
January, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–1469 Filed 1–30–07; 8:45 am]
BILLING CODE 4510–30–P
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–60,640]
National Apparel, LLC, San Francisco,
CA; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on December
19, 2006 in response to a petition filed
on behalf of workers of National
Apparel, LLC, San Francisco, California.
The petition regarding the
investigation has been deemed invalid.
The petition, filed by three workers, did
not contain the signatures of the
petitioners. Consequently, the
investigation has been terminated.
Signed at Washington, DC, this 23rd day of
January 2007.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–1473 Filed 1–30–07; 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)
of the Trade Act of 1974 (‘‘the Act’’) and
are identified in the Appendix to this
notice. Upon receipt of these petitions,
the Director of the Division of Trade
Adjustment Assistance, Employment
and Training Administration, has
instituted investigations pursuant to
Section 221(a) of the Act.
The purpose of each of the
investigations is to determine whether
the workers are eligible to apply for
adjustment assistance under Title II,
Chapter 2, of the Act. The investigations
will further relate, as appropriate, to the
determination of the date on which total
or partial separations began or
threatened to begin and the subdivision
of the firm involved.
The petitioners or any other persons
showing a substantial interest in the
subject matter of the investigations may
request a public hearing, provided such
request is filed in writing with the
Director, Division of Trade Adjustment
Assistance, at the address shown below,
not later than February 12, 2007.
E:\FR\FM\31JAN1.SGM
31JAN1
]]>Agencies
[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Notices]
[Page 4534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1469]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-60,409]
Davis International, Okolona, MS; Notice of Negative
Determination Regarding Application for Reconsideration
By application of January 2, 2007, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers of
the subject firm to apply for Alternative Trade Adjustment Assistance
(ATAA).
The workers of Davis International, Okolona, Mississippi were
certified eligible to apply for Trade Adjustment Assistance (TAA) and
denied to apply for ATAA on December 5, 2006. The denial notice will be
soon published in the Federal Register.
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 group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm are
50 years of age or older.
2. Whether the workers in the workers' firm possess skills that are
not easily transferable.
3. The competitive conditions within the workers' industry (i.e.,
conditions within the industry are adverse).
The initial ATAA investigation revealed that no workers at the
subject firm were 50 years of age or older during the relevant time
period and thus criterion (1) has not been met.
In the request for reconsideration, the petitioner stated that he
was part of the petitioning worker group and that he was also over the
age of 50 during the relevant time period.
A company official was contacted to confirm the age of all the
employees of the subject firm during the relevant time period. The
company official did acknowledge the fact that the worker who submitted
the request for reconsideration is over the age of 50 and that she made
a mistake omitting him from the petitioning worker group during the
initial investigation. The official further stated that this worker was
the only employee over the age of 50 or older at the subject firm
during the relevant time period.
When assessing eligibility for ATAA, the Department makes its
determinations based on the requirements as outlined in Section 222 of
the Trade Act. In particular, the Department considers the relevant
employment data for the facility where the petitioning worker group was
employed in order to establish whether criterion 1 has been met. For
this purpose, the term ``significant number'' means five percent of the
adversely affected workforce or 50 workers, whichever is less, or at
least three workers in a firm with less than 50 adversely affected
workers.
As the total number of workers 50 years of age or older was one
employee during the relevant period, criterion (1) of the eligibility
requirements for ATAA has not been met.
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.
Signed at Washington, DC this 17th day of January, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-1469 Filed 1-30-07; 8:45 am]
BILLING CODE 4510-30-P
