Family Entertainment dba Sherwood Forest Family Golf, Conyers, GA; Notice of Negative Determination Regarding Application for Reconsideration, 59554-59555 [E7-20726]
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Federal Register / Vol. 72, No. 203 / Monday, October 22, 2007 / Notices
APPENDIX—Continued
[TAA petitions instituted between 10/9/07 and 10/12/07]
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GDX Automotive Inc. (State) ..........................................
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[FR Doc. E7–20724 Filed 10–19–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–61,877]
ebenthall on PRODPC61 with NOTICES
Family Entertainment dba Sherwood
Forest Family Golf, Conyers, GA;
Notice of Negative Determination
Regarding Application for
Reconsideration
By application postmarked September
6, 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 applicable to
workers of Family Entertainment, dba
Sherwood Forest Family Golf, Conyers,
Georgia was signed on August 22, 2007
and published in the Federal Register
on September 11, 2007 (72 FR 51845).
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under
the following circumstances:
VerDate Aug<31>2005
Date of
institution
Subject firm (Petitioners)
15:02 Oct 19, 2007
Jkt 214001
(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 misinterpretation of facts or of
the law justified reconsideration of the
decision.
The TAA petition filed on behalf of
workers at Family Entertainment, dba
Sherwood Forest Family Golf, Conyers,
Georgia engaged in activities related to
the operation of an amusement park was
denied because the petitioning workers
did not produce an article within the
meaning of section 222 of the Act.
The petitioner contends that the
Department erred in its interpretation of
work performed at the subject facility as
‘‘activities related to operating an
amusement park’’ and further conveys
that workers of the subject firm were not
employees of the amusement park, but
were rather workers of the Marketing
Division.
A company official was contacted for
clarification in regard to the nature of
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petition
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the work performed at the subject
facility. The official stated that Family
Entertainment, dba Sherwood Forest
Family Golf, Conyers, Georgia operates
an amusement park, where the
following entertainment services are
provided: putt-putt golf, a raceway of
go-karts, bumper boats, bumper carts,
batting cages and an arcade. The official
clarified that Sherwood Forest does not
use divisions and that employees of the
subject firm ‘‘work counters at golf desk
or concessions, operate rides by taking
tickets, administering instructions,
assisting patrons into moving rides and
monitoring throughout the length of the
ride.’’
The official further stated that two
petitioning workers were hired as sales
agents to try a new promotional program
in August 2006. These employees sold
Everything Goes passes and performed
promotional activities for the
amusement park by ‘‘handing out flyers
to whomever they choose to solicit.’’
The official stated that even though
these two workers were ‘‘on foot
advertising/promotional type
employees’’ and were not required to be
stationary at the place of business, and
were paid commission along with a
E:\FR\FM\22OCN1.SGM
22OCN1
ebenthall on PRODPC61 with NOTICES
Federal Register / Vol. 72, No. 203 / Monday, October 22, 2007 / Notices
salary, they were employees of
Sherwood Forest Family Golf and
performed services supporting business
and activities of the amusement park.
The petitioner further alleges that the
petitioning workers ‘‘produced and
mass produced items such as flyers,
pamphlets, guides, rule books, manuals,
instruction sets’’ etc. The petitioner
stated that ‘‘he was in charge of
production strategies/marketing of many
promotional items’’.
The company official clarified that the
petitioning workers ‘‘in no way
produced, created, designed nor mass
produced’’ any of the above mentioned
articles for the subject firm. The official
stated that Family Entertainment has a
management team which completes all
these tasks and that the petitioning
workers were only in charge of the way
they sold Everything Goes passes and
distributed flyers.
To support his allegations, the
petitioner enclosed a copy of the
Georgia Department of Labor
Unemployment Claims Examiner’s
Determination which states that the
reason behind the petitioner’s
separation from the subject firm was a
lack of work, and a stub reflecting
information concerning the final
unemployment check. For the purposes
of this investigation, these documents
do not contain any evidence that the
workers of the subject firm created an
article and that there was a shift in
production of an article by the subject
firm abroad.
The petitioner also enclosed various
flyers, brochures, coupons, pass cards
and promotional advertisements and
stated that workers of the subject firm
created and produced these articles.
The company official verified that
these pass cards, coupons and
advertisements were designed by the
subject firm’s previous manager and
were prepared and sent to a professional
local printing company. The official
further confirmed that the rest of the
promotional material was typed as a
word document and printed on a
computer printer by the administrative
staff of either Family Entertainment or
another domestic company, Atlanta
Cutlery. The administrative employees
of the subject firm continue to perform
these functions to support and promote
business activities of the amusement
park.
The petitioner further alleges that the
subject firm shifted production of the
articles to India and ‘‘the fact that these
articles are no longer produced here is
the reason that we are no longer
employed’’. To support these
allegations, the petitioner enclosed
copies of handwritten ‘‘Weekly Sales
VerDate Aug<31>2005
15:02 Oct 19, 2007
Jkt 214001
Report’’ and ‘‘Business Contact Form’’
stating that the workers performed
telemarketing calls and that these tasks
are now performed in India.
The company official stated that
Family Entertainment dba Sherwood
Forest did not shift any job functions to
India and is not importing any articles
from the foreign source. The official
further stated that ‘‘the only relation
Family Entertainment has with India is
the fact that it is owned by a U.S.
Citizen from India’’ and that the
previous manager of the subject firm
who is no longer affiliated with the
company, resides in India with his
family at the present time. The company
official confirmed that the subject firm
is in the business of entertainment
services and whatever printed material
might be designed or produced by the
administrative staff of the subject firm
as incidental to these services continues
to be designed and produced by the
subject firm or other domestic
companies.
The company official further stated
that the petitioning workers were
separated from the subject firm after the
management evaluated the promotional
program and made a decision to
discontinue the program due to low
profitability.
In the request for reconsideration, the
petitioner doubts the accuracy of the
information provided by Family
Entertainment.
The Department has no evidence that
would suggest that the officials of the
Family Entertainment had any reason to
mislead the investigation or that they
had any interest in the outcome of this
determination that might have been
adverse to the former employees of the
subject firm.
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 16th day of
October 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–20726 Filed 10–19–07; 8:45 am]
BILLING CODE 4510–FN–P
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
59555
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,190]
Steelcase Incorporated Grand Rapids,
Michigan; Notice of Termination of
Investigation
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on
September 24, 2007 in response to a
petition filed by a company official on
behalf of workers at Steelcase
Incorporated, Grand Rapids, Michigan.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed in Washington, DC, this 12th day of
October 2007.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–20723 Filed 10–19–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,053]
Sunrise Medical, Incorporated
Devilbiss Healthcare Including On-Site
Leased Workers of Kelly Services
Somerset, PA; Amended Certification
Regarding Eligibility To Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance
In accordance with section 223 of the
Trade Act of 1974 (19 U.S.C. 2273), and
section 246 of the Trade Act of 1974 (26
U.S.C. 2813), as amended, the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance on October 10, 2007,
applicable to workers of Sunrise
Medical, Incorporated, Devilbiss
Healthcare, Somerset, Pennsylvania.
The notice will be published soon in the
Federal Register.
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers are engaged in the production
of respiratory care products, such as
compressor nebulizers, oxygen
concentrators and aspirators.
The review of the investigation record
shows that the Department
inadvertently excluded from the
certification on-site leased workers from
E:\FR\FM\22OCN1.SGM
22OCN1
]]>Agencies
[Federal Register Volume 72, Number 203 (Monday, October 22, 2007)]
[Notices]
[Pages 59554-59555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20726]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-61,877]
Family Entertainment dba Sherwood Forest Family Golf, Conyers,
GA; Notice of Negative Determination Regarding Application for
Reconsideration
By application postmarked September 6, 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 applicable to workers of Family Entertainment, dba
Sherwood Forest Family Golf, Conyers, Georgia was signed on August 22,
2007 and published in the Federal Register on September 11, 2007 (72 FR
51845).
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
misinterpretation of facts or of the law justified reconsideration of
the decision.
The TAA petition filed on behalf of workers at Family
Entertainment, dba Sherwood Forest Family Golf, Conyers, Georgia
engaged in activities related to the operation of an amusement park was
denied because the petitioning workers did not produce an article
within the meaning of section 222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as
``activities related to operating an amusement park'' and further
conveys that workers of the subject firm were not employees of the
amusement park, but were rather workers of the Marketing Division.
A company official was contacted for clarification in regard to the
nature of the work performed at the subject facility. The official
stated that Family Entertainment, dba Sherwood Forest Family Golf,
Conyers, Georgia operates an amusement park, where the following
entertainment services are provided: putt-putt golf, a raceway of go-
karts, bumper boats, bumper carts, batting cages and an arcade. The
official clarified that Sherwood Forest does not use divisions and that
employees of the subject firm ``work counters at golf desk or
concessions, operate rides by taking tickets, administering
instructions, assisting patrons into moving rides and monitoring
throughout the length of the ride.''
The official further stated that two petitioning workers were hired
as sales agents to try a new promotional program in August 2006. These
employees sold Everything Goes passes and performed promotional
activities for the amusement park by ``handing out flyers to whomever
they choose to solicit.'' The official stated that even though these
two workers were ``on foot advertising/promotional type employees'' and
were not required to be stationary at the place of business, and were
paid commission along with a
[[Page 59555]]
salary, they were employees of Sherwood Forest Family Golf and
performed services supporting business and activities of the amusement
park.
The petitioner further alleges that the petitioning workers
``produced and mass produced items such as flyers, pamphlets, guides,
rule books, manuals, instruction sets'' etc. The petitioner stated that
``he was in charge of production strategies/marketing of many
promotional items''.
The company official clarified that the petitioning workers ``in no
way produced, created, designed nor mass produced'' any of the above
mentioned articles for the subject firm. The official stated that
Family Entertainment has a management team which completes all these
tasks and that the petitioning workers were only in charge of the way
they sold Everything Goes passes and distributed flyers.
To support his allegations, the petitioner enclosed a copy of the
Georgia Department of Labor Unemployment Claims Examiner's
Determination which states that the reason behind the petitioner's
separation from the subject firm was a lack of work, and a stub
reflecting information concerning the final unemployment check. For the
purposes of this investigation, these documents do not contain any
evidence that the workers of the subject firm created an article and
that there was a shift in production of an article by the subject firm
abroad.
The petitioner also enclosed various flyers, brochures, coupons,
pass cards and promotional advertisements and stated that workers of
the subject firm created and produced these articles.
The company official verified that these pass cards, coupons and
advertisements were designed by the subject firm's previous manager and
were prepared and sent to a professional local printing company. The
official further confirmed that the rest of the promotional material
was typed as a word document and printed on a computer printer by the
administrative staff of either Family Entertainment or another domestic
company, Atlanta Cutlery. The administrative employees of the subject
firm continue to perform these functions to support and promote
business activities of the amusement park.
The petitioner further alleges that the subject firm shifted
production of the articles to India and ``the fact that these articles
are no longer produced here is the reason that we are no longer
employed''. To support these allegations, the petitioner enclosed
copies of handwritten ``Weekly Sales Report'' and ``Business Contact
Form'' stating that the workers performed telemarketing calls and that
these tasks are now performed in India.
The company official stated that Family Entertainment dba Sherwood
Forest did not shift any job functions to India and is not importing
any articles from the foreign source. The official further stated that
``the only relation Family Entertainment has with India is the fact
that it is owned by a U.S. Citizen from India'' and that the previous
manager of the subject firm who is no longer affiliated with the
company, resides in India with his family at the present time. The
company official confirmed that the subject firm is in the business of
entertainment services and whatever printed material might be designed
or produced by the administrative staff of the subject firm as
incidental to these services continues to be designed and produced by
the subject firm or other domestic companies.
The company official further stated that the petitioning workers
were separated from the subject firm after the management evaluated the
promotional program and made a decision to discontinue the program due
to low profitability.
In the request for reconsideration, the petitioner doubts the
accuracy of the information provided by Family Entertainment.
The Department has no evidence that would suggest that the
officials of the Family Entertainment had any reason to mislead the
investigation or that they had any interest in the outcome of this
determination that might have been adverse to the former employees of
the subject firm.
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 16th day of October 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-20726 Filed 10-19-07; 8:45 am]
BILLING CODE 4510-FN-P
