Teva Neuroscience, Inc., Global Clinical Professional Resources Group, Horsham, PA; Notice of Negative Determination Regarding Application for Reconsideration, 34048-34049 [E8-13406]
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34048
Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices
Signed at Washington, DC, this 6th day of
June, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–13402 Filed 6–13–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,832]
rwilkins on PROD1PC63 with NOTICES
GAF Materials Corporation,
Quakertown, PA; Notice of Negative
Determination Regarding Application
for Reconsideration
By application dated May 5, 2008,
International Association of Machinists
and Aerospace Workers, District 1
requested administrative
reconsideration of the Department’s
negative determination regarding
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 denial
notice was signed on March 26, 2008
and published in the Federal Register
on April 11, 2008 (73 FR 19900).
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 initial investigation resulted in a
negative determination was based on
the finding that imports of residential
roofing materials did not contribute
importantly to worker separations at the
subject facility and there was no shift of
production to a foreign country. The
subject firm did not import residential
roofing materials during the relevant
period. The ‘‘contributed importantly’’
test is generally demonstrated through a
survey of the workers’ firm’s declining
domestic customers. A survey
conducted by the Department of Labor
revealed that major customers did not
purchase imported residential roofing
materials during 2006, 2007 and during
the January through February 2008
period.
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17:04 Jun 13, 2008
Jkt 214001
The petitioner indicates that ‘‘The
workers produced asphaltic roofing
materials and that the sales and
employment at the firm declined during
the relevant period.’’
Since the worker group was denied on
the fact that imports did not contribute
importantly to the layoffs at the subject
firm and no shift of production to a
foreign source occurred, the information
provided by the petitioner in the request
for reconsideration does not help to
satisfy the criteria necessary for
certification for TAA.
The request for reconsideration also
appears to address workers eligibility
for ATAA. The petitioner states that ‘‘a
significant number of employees at this
location are 50 or older and do not
possess skills that are easily
transferable.’’
In order for the Department to issue
a certification of eligibility to apply for
ATAA, the worker group must be
certified eligible to apply for trade
adjustment assistance (TAA). Since the
workers are denied eligibility to apply
for TAA, the workers cannot be certified
eligible for ATAA.
The Union 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 4th day of
June, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–13405 Filed 6–13–08; 8:45 am]
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,254]
Teva Neuroscience, Inc., Global
Clinical Professional Resources
Group, Horsham, PA; Notice of
Negative Determination Regarding
Application for Reconsideration
By application dated May 26, 2008, a
petitioner 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 May 9,
2008 and published in the Federal
Register on May 22, 2008 (73 FR 29783).
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 negative TAA determination
issued by the Department for workers of
Teva Neuroscience, Inc., Global Clinical
Professional Resources Group, Horsham,
Pennsylvania, 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 Global
Clinical Professional Resource Group
(GCPRG) ‘‘belonged to the Innovative
Research and Development division,
which had no involvement in the
manufacturing process.’’ The petitioner
also stated that GCPRG was strictly
dealing with the clinical trials and with
the clinical data collected from the
American population. The petitioner
further infers that employment at the
subject firm was negatively impacted by
the outsourcing of some functions from
the subject facility to India.
The initial investigation revealed that
the workers of Teva Neuroscience, Inc.,
Global Clinical Professional Resources
Group, Horsham, Pennsylvania, are
engaged in operations in support of the
conduct of clinical trials of
pharmaceutical products manufactured
abroad, including database
management, clinical quality control,
and administration. These functions, as
E:\FR\FM\16JNN1.SGM
16JNN1
Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices
described above, are not considered
production of an article within the
meaning of Section 222 of the Trade Act
of 1974.
The allegation of a shift to another
country might be relevant if it was
determined that workers of the subject
firm produced an article. Since the
investigation determined that workers of
the subject firm do not produce an
article, there can not be imports nor a
shift in production of an ‘‘article’’
abroad within the meaning of the Trade
Act of 1974 in this instance.
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 9th day of
June 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–13406 Filed 6–13–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,809]
rwilkins on PROD1PC63 with NOTICES
Edwards Vacuum, Inc., Wilmington,
MA; Notice of Revised Determination
on Reconsideration
By application dated April 23, 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 March 31, 2008
and published in the Federal Register
on April 17, 2008 (73 FR 20954).
In the request for reconsideration, the
company official provided new
VerDate Aug<31>2005
17:04 Jun 13, 2008
Jkt 214001
information regarding production at the
subject facility. The company official
stated that workers of the subject facility
produce remanufactured vacuum
pumps for retail.
Based on the information provided by
the company official, the Department
determined that workers of the subject
firm were engaged in the production of
remanufactured vacuum pumps. The
investigation also revealed that the
subject firm has begun shifting
production of remanufactured vacuum
pumps to Mexico and that this shift
contributed to the layoffs at the subject
firm.
In accordance with Section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department herein
presents the results of its investigation
regarding certification of eligibility to
apply for Alternative Trade Adjustment
Assistance (ATAA) for older workers.
In order for the Department to issue
a certification of eligibility to apply for
ATAA, the group eligibility
requirements of Section 246 of the
Trade Act, as amended, must be met.
The Department has determined in this
case that the requirements of Section
246 have been met.
A significant number of workers at the
firm are age 50 or over and possess
skills that are not easily transferable.
Competitive conditions within the
industry are adverse.
Conclusion
After careful review of the facts
obtained in the investigation, I
determine that there was a shift in
production from the workers’ firm or
subdivision to Mexico of articles that
are like or directly competitive with
those produced by the subject firm or
subdivision. In accordance with the
provisions of the Act, I make the
following certification:
All workers of Edwards Vacuum, Inc.,
Wilmington, Massachusetts who became
totally or partially separated from
employment on or after February 4, 2007
through two years from the date of
certification are eligible to apply for
adjustment assistance under Section 223 of
the Trade Act of 1974 and are eligible to
apply for alternative trade adjustment
assistance under Section 246 of the Trade Act
of 1974.
Signed in Washington, DC this 5th day of
June, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–13404 Filed 6–13–08; 8:45 am]
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34049
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,349]
Capelsie, Inc., Troy, NC; Notice of
Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on May 9,
2008 in response to a worker petition
filed by a company official on behalf of
workers of Capelsie, Incorporated, Troy,
North Carolina.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed in Washington, DC, this 3rd day of
June 2008.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–13408 Filed 6–13–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,339]
Contact Systems, Inc. Danbury, CT;
Notice of Termination of Investigation
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on May 8,
2008 in response to a worker petition
filed a company official on behalf of
workers at Contact Systems, Inc.,
Danbury, Connecticut.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC this 4th day of
June, 2008.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–13407 Filed 6–13–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,450]
Port of Port Angeles, Port Angeles,
WA; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on May 30,
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]]>Agencies
[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 34048-34049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13406]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-63,254]
Teva Neuroscience, Inc., Global Clinical Professional Resources
Group, Horsham, PA; Notice of Negative Determination Regarding
Application for Reconsideration
By application dated May 26, 2008, a petitioner 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 May 9, 2008 and published
in the Federal Register on May 22, 2008 (73 FR 29783).
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 negative TAA determination issued by the Department for workers
of Teva Neuroscience, Inc., Global Clinical Professional Resources
Group, Horsham, Pennsylvania, 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 Global Clinical Professional Resource
Group (GCPRG) ``belonged to the Innovative Research and Development
division, which had no involvement in the manufacturing process.'' The
petitioner also stated that GCPRG was strictly dealing with the
clinical trials and with the clinical data collected from the American
population. The petitioner further infers that employment at the
subject firm was negatively impacted by the outsourcing of some
functions from the subject facility to India.
The initial investigation revealed that the workers of Teva
Neuroscience, Inc., Global Clinical Professional Resources Group,
Horsham, Pennsylvania, are engaged in operations in support of the
conduct of clinical trials of pharmaceutical products manufactured
abroad, including database management, clinical quality control, and
administration. These functions, as
[[Page 34049]]
described above, are not considered production of an article within the
meaning of Section 222 of the Trade Act of 1974.
The allegation of a shift to another country might be relevant if
it was determined that workers of the subject firm produced an article.
Since the investigation determined that workers of the subject firm do
not produce an article, there can not be imports nor a shift in
production of an ``article'' abroad within the meaning of the Trade Act
of 1974 in this instance.
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 9th day of June 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-13406 Filed 6-13-08; 8:45 am]
BILLING CODE 4510-FN-P
