Hanes Brands Incorporated, Forest City, NC; Notice of Negative Determination Regarding Application for Reconsideration, 57070 [E7-19726]

Download as PDF 57070 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices All workers of Dana Corporation, TorqueTraction Manufacturing, Inc., including onsite leased workers of Diversco Integrated Services, Inc., and Haas Total Chemical Management, Inc., Cape Girardeau, Missouri, who became totally or partially separated from employment on or after July 30, 2007, through July 23, 2009, 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 1st day of October 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–19723 Filed 10–4–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,821] yshivers on PROD1PC62 with NOTICES Hanes Brands Incorporated, Forest City, NC; Notice of Negative Determination Regarding Application for Reconsideration By application of August 27, 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 Trade Adjustment Assistance (TAA). The denial notice was signed on July 25, 2007 and published in the Federal Register on August 9, 2007 (72 FR 44866). 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 Hanes Brands Incorporated, Forest City, North Carolina engaged in the production of fleece and Jersey fabric, was denied based on the findings that during the relevant time period, the subject company 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. VerDate Aug<31>2005 17:30 Oct 04, 2007 Jkt 214001 In the request for reconsideration, the petitioner states that there was a significant decrease in employment at the subject firm in the past few years and that the subject firm replaces workers who have left the company by temporary labor. The company official was contacted to verify employment numbers at the subject firm. When assessing eligibility for TAA, the Department exclusively considers the relevant employment data (for one year prior to the date of the petition and any imminent layoffs) for the facility where the petitioning worker group was employed. The company official confirmed what was established during the initial investigation. Production and salaried worker employment at the subject firm has increased from 2005 to 2006 and from January through June of 2007 when compared with the same period in 2006. Furthermore, the company official clarified that the subject firm does hire temporary workers in the times of increased demand. However, the employment numbers provided by the company official in the initial investigation do not reflect temporary workers. Should conditions change in the future, the petitioner is encouraged to file a new petition on behalf of the worker group which will encompass an investigative period that will include these changing conditions. 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 28th day of September 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–19726 Filed 10–4–07; 8:45 am] administrative reconsideration of the Department of Labor’s Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers and former workers of the subject firm. The denial notice was signed on July 10, 2007 and published in the Federal Register on July 26, 2007 (72 FR 41088). The initial investigation resulted in a negative determination based on the finding that imports of suspension assemblies for disk drives did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred. In the request for reconsideration, the petitioner provided additional information regarding the subject firm’s customers. The Department has reviewed the workers’ request for reconsideration and the existing record, and has determined that an administrative review is appropriate. Therefore, the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor’s prior decision. The application is, therefore, granted. Signed in Washington, DC, this 28th day of September 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–19725 Filed 10–4–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration BILLING CODE 4510–FN–P [TA–W–62,147] DEPARTMENT OF LABOR Information Systems Network, Buckhead, GA; Notice of Termination of Investigation Employment and Training Administration [TA–W–61,760] Hutchinson Technology, Eau Claire, WI; Notice of Affirmative Determination Regarding Application for Reconsideration By application postmarked August 22, 2007, the petitioner requested PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on September 17, 2007 in response to a worker petition filed by a company official on behalf of workers at Information Systems Network, Buckhead, Georgia. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Notices]
[Page 57070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19726]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,821]


Hanes Brands Incorporated, Forest City, NC; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of August 27, 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 Trade Adjustment Assistance (TAA). The 
denial notice was signed on July 25, 2007 and published in the Federal 
Register on August 9, 2007 (72 FR 44866).
    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 Hanes Brands 
Incorporated, Forest City, North Carolina engaged in the production of 
fleece and Jersey fabric, was denied based on the findings that during 
the relevant time period, the subject company 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.
    In the request for reconsideration, the petitioner states that 
there was a significant decrease in employment at the subject firm in 
the past few years and that the subject firm replaces workers who have 
left the company by temporary labor.
    The company official was contacted to verify employment numbers at 
the subject firm. When assessing eligibility for TAA, the Department 
exclusively considers the relevant employment data (for one year prior 
to the date of the petition and any imminent layoffs) for the facility 
where the petitioning worker group was employed. The company official 
confirmed what was established during the initial investigation. 
Production and salaried worker employment at the subject firm has 
increased from 2005 to 2006 and from January through June of 2007 when 
compared with the same period in 2006. Furthermore, the company 
official clarified that the subject firm does hire temporary workers in 
the times of increased demand. However, the employment numbers provided 
by the company official in the initial investigation do not reflect 
temporary workers.
    Should conditions change in the future, the petitioner is 
encouraged to file a new petition on behalf of the worker group which 
will encompass an investigative period that will include these changing 
conditions.

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 28th day of September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-19726 Filed 10-4-07; 8:45 am]
BILLING CODE 4510-FN-P
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