Thomson, Inc., Circleville, OH; Notice of Termination of Investigation, 5751 [E7-1957]
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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Notices
period. The petitioners appealed the
Department’s negative determination to
the U.S. Court of International Trade
(Court No. 06–00266). The Department
subsequently obtained a voluntary
remand for the purpose of further
review and a redetermination of the
workers’ eligibility to apply for worker
adjustment assistance.
During the ensuing remand process
for TA–W–59,118, the Department
determined that there was a causal
nexus between the subject firm’s
shutdown of operations and the
shutdown workers’ separations and that,
therefore, the separations of the workers
through December 31, 2006 are
attributable to the conditions specified
in section 222 of the Trade Act. The
Department has further determined that,
given the particular facts presented, it is
appropriate to amend the certification of
the immediate petition to include those
workers involved in cessation of
operations activities who were
separated after August 7, 2005.
The Department’s decision in this
case is limited to the precise
circumstances of this specific case and
should not be considered as any
indication of how the Department
would proceed in other cases or in any
subsequent rulemaking on this subject.
The amended notice applicable to
TA–W–52,274 is hereby issued as
follows:
‘‘All workers of Thomson, Inc., Circleville
Glass Operations, Circleville, Ohio (TA–W–
52,274), who became totally or partially
separated from employment on or after June
27, 2002 through December 31, 2006, 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.’’
Signed at Washington, DC, this 25th day of
January 2007.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–1954 Filed 2–6–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
sroberts on PROD1PC70 with NOTICES
[TA–W–59,118]
Thomson, Inc., Circleville, OH; Notice
of Termination of Investigation
On October 27, 2006, the U.S. Court
of International Trade (USCIT) granted
VerDate Aug<31>2005
21:36 Feb 06, 2007
Jkt 211001
the Department of Labor’s consent
motion for voluntary remand in Former
Employees of Thomson, Inc. v. United
States, Court No. 06–0266.
On March 24, 2006, three workers
filed a petition for Trade Adjustment
Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA) on
behalf of workers and former workers of
Thomson, Inc., Circleville, Ohio. The
petition stated that the subject workers’
task was ‘‘decommission facility,’’ that
the facility closed on June 25, 2004, that
the subject facility was previously
certified (TA–W–52,274; expired), and
that the ‘‘remaining employees should
be considered for benefits.’’
On May 10, 2006, the Department of
Labor (Department) issued a negative
determination regarding the subject
worker group’s eligibility to apply for
TAA and ATAA, stating that the
workers do not produce an article
within the meaning of the Trade Act of
1974. The Department’s Notice of
determination was published in the
Federal Register on May 24, 2006 (71
FR 29984).
In a letter dated May 24, 2006, three
workers requested administrative
reconsideration by the Department. The
workers implied that because the
petitioning worker group is part of the
group certified under TA–W–52,274 and
remained working at the subject facility
after production ceased and beyond the
certification period for TA–W–52,274
(August 7, 2005), they should be
considered eligible to apply for TAA
and ATAA.
By letter dated June 19, 2006, the
Department dismissed the workers’
request for reconsideration. The
Department’s Notice of dismissal was
issued in June 20, 2006 and published
in the Federal Register on July 6, 2006
(71 FR 38425).
In a letter dated August 1, 2006, the
workers requested judicial review. In
the complaint, the workers stated that
the subject firm ceased operations in
April 2004, that they were employed
past April 2004 to ‘‘perform mandated
requirements under the Cessation of
Regulations Operations,’’ and ‘‘our jobs
were lost to foreign competition the
same as the other employees of
Thomson, Inc. in Circleville, Ohio.’’ In
response to the complaint, the
Department filed an administrative
record.
The Department subsequently moved
for a voluntary remand, so that the
Department could conduct a further
review and make a redetermination of
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
5751
eligibility. On October 27, 2006, the
Department’s motion was granted.
During the initial investigation for
this petition, the Department was
informed by a company official that the
subject workers were employed in order
for the company to satisfy a Statemandated plant closure process. This
process required the company to submit
a ‘‘Cessation of Regulated Operations’’
(CRO) plan that addressed the removal
of all hazardous materials. The Stateapproved CRO plan required an 18month implementation schedule. The
subject facility ceased production in
April 2004 and entered the CRO phase
in June 2004.
After careful review during the
remand investigation, the Department
determines that the workers who
continued their employment with the
subject firm to execute the CRO plan
and complete shutdown functions are
part of the worker group covered by
TA–W–52,274. The Department’s
determination is based on the causal
nexus between the subject facility’s
closure and the workers’ separations.
On March 8, 2005, the Department
issued a certification of eligibility to
apply for ATAA under petition TA–W–
52,274. The Department’s Notice was
published in the Federal Register on
April 1, 2005 (70 FR 16851).
On January 25, 2007, the Department
amended the TAA/ATAA certification
of TA–W–52,274 to cover workers of the
subject firm separated from employment
on or after June 27, 2002 through
December 31, 2006.
Since the subject workers are covered
by TA–W–52–274, further investigation
in this case would serve no purpose and
the investigation has been terminated.
Conclusion
After careful review of the findings of
the remand investigation, I am
terminating the investigation of the
petition for worker adjustment
assistance filed on behalf of workers and
former workers of Thomson, Inc.,
Circleville, Ohio.
Signed at Washington, DC this 25th day of
January 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–1957 Filed 2–6–07; 8:45 am]
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]]>Agencies
[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Notices]
[Page 5751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1957]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-59,118]
Thomson, Inc., Circleville, OH; Notice of Termination of
Investigation
On October 27, 2006, the U.S. Court of International Trade (USCIT)
granted the Department of Labor's consent motion for voluntary remand
in Former Employees of Thomson, Inc. v. United States, Court No. 06-
0266.
On March 24, 2006, three workers filed a petition for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA) on behalf of workers and former workers of Thomson, Inc.,
Circleville, Ohio. The petition stated that the subject workers' task
was ``decommission facility,'' that the facility closed on June 25,
2004, that the subject facility was previously certified (TA-W-52,274;
expired), and that the ``remaining employees should be considered for
benefits.''
On May 10, 2006, the Department of Labor (Department) issued a
negative determination regarding the subject worker group's eligibility
to apply for TAA and ATAA, stating that the workers do not produce an
article within the meaning of the Trade Act of 1974. The Department's
Notice of determination was published in the Federal Register on May
24, 2006 (71 FR 29984).
In a letter dated May 24, 2006, three workers requested
administrative reconsideration by the Department. The workers implied
that because the petitioning worker group is part of the group
certified under TA-W-52,274 and remained working at the subject
facility after production ceased and beyond the certification period
for TA-W-52,274 (August 7, 2005), they should be considered eligible to
apply for TAA and ATAA.
By letter dated June 19, 2006, the Department dismissed the
workers' request for reconsideration. The Department's Notice of
dismissal was issued in June 20, 2006 and published in the Federal
Register on July 6, 2006 (71 FR 38425).
In a letter dated August 1, 2006, the workers requested judicial
review. In the complaint, the workers stated that the subject firm
ceased operations in April 2004, that they were employed past April
2004 to ``perform mandated requirements under the Cessation of
Regulations Operations,'' and ``our jobs were lost to foreign
competition the same as the other employees of Thomson, Inc. in
Circleville, Ohio.'' In response to the complaint, the Department filed
an administrative record.
The Department subsequently moved for a voluntary remand, so that
the Department could conduct a further review and make a
redetermination of eligibility. On October 27, 2006, the Department's
motion was granted.
During the initial investigation for this petition, the Department
was informed by a company official that the subject workers were
employed in order for the company to satisfy a State-mandated plant
closure process. This process required the company to submit a
``Cessation of Regulated Operations'' (CRO) plan that addressed the
removal of all hazardous materials. The State-approved CRO plan
required an 18-month implementation schedule. The subject facility
ceased production in April 2004 and entered the CRO phase in June 2004.
After careful review during the remand investigation, the
Department determines that the workers who continued their employment
with the subject firm to execute the CRO plan and complete shutdown
functions are part of the worker group covered by TA-W-52,274. The
Department's determination is based on the causal nexus between the
subject facility's closure and the workers' separations.
On March 8, 2005, the Department issued a certification of
eligibility to apply for ATAA under petition TA-W-52,274. The
Department's Notice was published in the Federal Register on April 1,
2005 (70 FR 16851).
On January 25, 2007, the Department amended the TAA/ATAA
certification of TA-W-52,274 to cover workers of the subject firm
separated from employment on or after June 27, 2002 through December
31, 2006.
Since the subject workers are covered by TA-W-52-274, further
investigation in this case would serve no purpose and the investigation
has been terminated.
Conclusion
After careful review of the findings of the remand investigation, I
am terminating the investigation of the petition for worker adjustment
assistance filed on behalf of workers and former workers of Thomson,
Inc., Circleville, Ohio.
Signed at Washington, DC this 25th day of January 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-1957 Filed 2-6-07; 8:45 am]
BILLING CODE 4510-FN-P
