Poirier's, Inc. Fall River, MA; Notice of Negative Determination Regarding Application for Reconsideration, 12463 [E8-4440]
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Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Notices
The intent of the Department’s
certification is to include all workers
employed at Georgia-Pacific West, Inc.,
Consumer Products Division,
Bellingham, Washington who were
adversely-impacted by increased
company imports.
The amended notice applicable to
TA–W–62,342 is hereby issued as
follows:
All workers of Georgia-Pacific West, Inc.,
Consumer Products Division, including onsite leased workers from Securitas,
Bellingham, Washington, who became totally
or partially separated from employment on or
after October 19, 2006, through January 7,
2010, 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 26th day of
February 2008
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–4439 Filed 3–6–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
determination also stated that the
predominant cause of worker
separations is the transfer of production
to another, domestic, affiliated facility.
In the request for reconsideration, the
Union alleged that Weyerhaeuser
Corporation, the parent company,
operates softwood dimensional lumber
facilities in Canada and that increased
imports by Weyerhaeuser Corporation
contributed importantly to the subject
workers’ separations.
The Department has carefully
reviewed the Union’s request for
reconsideration and has determined that
the Department will conduct further
investigation.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the U.S. Department
of Labor’s prior decision. The
application is, therefore, granted.
Signed at Washington, DC, this 29th day of
February 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–4444 Filed 3–6–08; 8:45 am]
BILLING CODE 4510–FN–P
[TA–W–62,614]
DEPARTMENT OF LABOR
Weyerhaeuser Green Mountain Lumber
Mill, Toutle, WA; Notice of Affirmative
Determination Regarding Application
for Reconsideration
sroberts on PROD1PC70 with NOTICES
Employment and Training
Administration
Employment and Training
Administration
By application dated February 11,
2008, the IAM Woodworkers Local
W536 (the Union) requested
administrative reconsideration of the
negative determination regarding
workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA) applicable to
workers and former workers of the
subject firm. The determination was
issued on January 28, 2008. The Notice
of determination was published in the
Federal Register on February 13, 2008
(73 FR 8370). Workers produce rough
sawn softwood dimensional lumber.
The negative determination was based
on the Department’s findings that sales
and production at the subject firm
remained relatively stable during the
relevant period compared to the
comparable period the previous year;
the subject firm did not shift production
of rough sawn softwood dimensional
lumber to a foreign country; and the
subject firm did not import articles like
or directly competitive with the lumber
produced by the subject workers. The
Poirier’s, Inc. Fall River, MA; Notice of
Negative Determination Regarding
Application for Reconsideration
VerDate Aug<31>2005
18:46 Mar 06, 2008
Jkt 214001
[TA–W–62,444]
By application dated January 15,
2008, a company official requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility to apply for Trade
Adjustment Assistance (TAA),
applicable to workers and former
workers of the subject firm. The denial
notice was signed on December 12, 2007
and published in the Federal Register
on December 31, 2007 (72 FR 74344).
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
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12463
the law justified reconsideration of the
decision.
The negative TAA determination
issued by the Department for workers of
Poirier’s, Inc., Fall River, Massachusetts
was based on the finding that the
worker group does not produce an
article within the meaning of Section
222 of the Trade Act of 1974.
The petitioner states that services
provided by workers at the subject firm
‘‘contribute to the final production
process’’. The petitioner attached the
description of various inspections that
the car dealer needs to provide to the
vehicles before selling them to
customers. The petitioner alleges that
because the services provided by
workers at the subject firm are required
by ‘‘state and federal laws’’, workers of
the subject firm who retail automobiles
should be certified eligible for TAA.
The investigation revealed that the
workers of Poirier’s, Inc., Fall River,
Massachusetts are engaged in retail of
new and used cars, auto parts, supplies
and service of automobiles. These
functions, as described above, are not
considered production of an article
within the meaning of Section 222 of
the Trade Act.
The petitioner did not supply facts
not previously considered; nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination.
After careful review of the request for
reconsideration, the Department
determines that 29 CFR 90.18(c) 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 in Washington, DC, this 26th day of
February 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–4440 Filed 3–6–08; 8:45 am]
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[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Notices]
[Page 12463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4440]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-62,444]
Poirier's, Inc. Fall River, MA; Notice of Negative Determination
Regarding Application for Reconsideration
By application dated January 15, 2008, a company official requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on December 12, 2007 and
published in the Federal Register on December 31, 2007 (72 FR 74344).
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 negative TAA determination issued by the Department for workers
of Poirier's, Inc., Fall River, Massachusetts was based on the finding
that the worker group does not produce an article within the meaning of
Section 222 of the Trade Act of 1974.
The petitioner states that services provided by workers at the
subject firm ``contribute to the final production process''. The
petitioner attached the description of various inspections that the car
dealer needs to provide to the vehicles before selling them to
customers. The petitioner alleges that because the services provided by
workers at the subject firm are required by ``state and federal laws'',
workers of the subject firm who retail automobiles should be certified
eligible for TAA.
The investigation revealed that the workers of Poirier's, Inc.,
Fall River, Massachusetts are engaged in retail of new and used cars,
auto parts, supplies and service of automobiles. These functions, as
described above, are not considered production of an article within the
meaning of Section 222 of the Trade Act.
The petitioner did not supply facts not previously considered; nor
provide additional documentation indicating that there was either (1) a
mistake in the determination of facts not previously considered or (2)
a misinterpretation of facts or of the law justifying reconsideration
of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) 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 in Washington, DC, this 26th day of February 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-4440 Filed 3-6-08; 8:45 am]
BILLING CODE 4510-FN-P
