Gramercy Jewelry Manufacturing Corporation, New York, NY; Notice of Negative Determination Regarding Application for Reconsideration, 40621-40622 [E8-16079]
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Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,947]
mstockstill on PROD1PC66 with NOTICES
´
Norcal Pottery Products, Macrame
Department, Richmond Distribution
Center, Richmond, CA; Notice of
Negative Determination on
Reconsideration
On April 30, 2008, the Department
issued an Affirmative Determination
Regarding Application for
Reconsideration for the workers and
former workers of the subject firm. The
notice was published in the Federal
Register on May 7, 2008 (73 FR 25772).
The TAA petition, which was filed on
behalf of workers at Norcal Pottery
´
Products, Macrame Department,
Richmond Distribution Center,
Richmond, California engaged in the
´
production of macrame plant hangers
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 stated that the subject firm
contracted five independent contractors
´
to produce macrame plant hangers. The
petitioner also stated that the contracts
between the subject firm and the
contractors were terminated in 2007.
The petitioner seems to allege that
because the workers were contracted to
perform production for the subject firm,
they should be considered as employees
of the subject firm and, therefore,
eligible for Trade Adjustment
Assistance. To support the allegations,
the petitioner attached copies of the
‘‘Independent Contractor Agreement’’.
To determine whether five contracting
workers were employees of the subject
firm, on-site leased workers, or workers
under the control of the subject firm and
whether there was a significant
proportion of workers separated or
threatened with separations at the
subject company during the relevant
time period, the Department contacted
the subject firm’s company official and
requested employment figures for the
relevant employment data (for one year
prior to the date of the petition and any
imminent layoffs).
The company official stated that five
independent contractors were not
employees of Norcal Pottery Products,
´
Macrame Department, Richmond
Distribution Center, Richmond,
California, and they were not leased
workers employed on-site of the subject
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15:01 Jul 14, 2008
Jkt 214001
facility. It was revealed that the
independent contractors produced
´
macrame plant hangers at their homes.
The company official also stated that the
nature of the business between the
subject firm and the independent
contractors was determined by the
contractual agreement, which
underlines no operational control by
Norcal Pottery Products over these
independent contractors.
The Department carefully reviewed
the Independent Contract Agreement
provided by the petitioner to determine
whether there was operational control
by the subject firm over the contracted
workers. According to the document,
the relationship between the parties is
described as two independent entities
‘‘engaged in a separate business
enterprise’’. It states that the ‘‘contractor
is free to contract similar services to be
provided for other customers’’. The
Agreement also states that ‘‘Company is
concerned only with the act of
completion of the work,’’ and that ‘‘the
conduct and control of the work to be
provided by Contractor will lie solely
with the Contractor, who alone shall be
in control’’ of the work. Furthermore,
the agreement allows the contractor to
employ or utilize other persons to carry
out the terms of the Agreement under
contractor’s control.
The investigation on reconsideration
determined that five contractors
claiming to be employees of Norcal
´
Pottery Products, Macrame Department,
Richmond Distribution Center,
Richmond, California were not
employees of the subject firm or leased
workers employed on-site of the subject
facility. The investigation also revealed
that the independent contractors were
not under operational control of the
subject facility, and thus cannot be
considered to be a part of the worker
group employed by the subject firm.
After careful review of the
information provided on
reconsideration, it was revealed that
´
Norcal Pottery Products, Macrame
Department, Richmond Distribution
Center, Richmond, California is a
distribution facility and no production
´
of macrame plant hangers took place at
the subject location. Moreover, a review
of the records provided by the company
official established that only two
workers were separated from the subject
facility during the relevant time period.
Conclusion
After reconsideration, I affirm the
original notice of negative
determination of eligibility to apply for
worker adjustment assistance for
workers and former workers of Norcal
´
Pottery Products, Macrame Department,
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Fmt 4703
Sfmt 4703
40621
Richmond Distribution Center,
Richmond, California.
Signed at Washington, DC, this 1st day of
July, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–16078 Filed 7–14–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,418]
Gramercy Jewelry Manufacturing
Corporation, New York, NY; Notice of
Negative Determination Regarding
Application for Reconsideration
By application dated June 19, 2008, a
company official requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility for workers and
former workers of Gramercy Jewelry
Manufacturing Corporation, New York,
New York, to apply for Trade
Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA). The negative
determination was issued on June 10,
2008. The Department’s notice of
determination was published in the
Federal Register on June 27, 2008 (73
FR 36576).
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, which was filed on
behalf of workers at Gramercy Jewelry
Manufacturing Corporation, New York,
New York engaged in the production of
jewelry, was denied based on the
findings that sales and production at the
subject firm did not decrease from 2006
to 2007 or from January through April
2008, when compared with the same
period in 2007. The investigation also
revealed no shift in production to a
foreign country in the relevant time
period.
In the request for reconsideration, the
company official stated that he disagrees
with the investigation and that the
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40622
Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
subject firm ‘‘laid off about 25
employees.’’ The company official did
not supply any additional information
regarding sales or production that
would warrant reopening the
investigation.
After careful review of the request for
reconsideration, the Department
determines that none of the
circumstances under 29 CFR 90.18(c) for
granting reconsideration have 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 at Washington, DC this 8th day of
July 2008.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–16079 Filed 7–14–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Request for Certification of
Compliance—Rural Industrialization
Loan and Grant Program
Employment and Training
Administration, Labor.
ACTION: Notice.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: The Employment and
Training Administration is issuing this
notice to announce the receipt of two (2)
individual ‘‘Certification of NonRelocation and Market and Capacity
Information Reports’’ (Form 4279–2) for
the following:
Applicant/Location: Central Pork
Packers, LLC/Cherokee, Iowa and Rock
Rapids, Iowa.
Principal Product/Purpose: The loan,
guarantee, or grant applications are for
two (2) new business ventures that plan
to separately acquire for each location
the infrastructure, building, and
equipment needed for pork animal
slaughtering. The NAICS industry code
for both enterprises is: 311611 Animal
(except Poultry) Slaughtering.
DATES: All interested parties may submit
comments in writing no later than July
29, 2008. Copies of adverse comments
received will be forwarded to the
applicant noted above.
ADDRESSES: Address all comments
concerning this notice to Anthony D.
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15:01 Jul 14, 2008
Jkt 214001
Dais, U.S. Department of Labor,
Employment and Training
Administration, 200 Constitution
Avenue, NW., Room S–4231,
Washington, DC 20210; or e-mail
Dais.Anthony@dol.gov; or transmit via
fax (202) 693–3015 (this is not a toll-free
number).
FOR FURTHER INFORMATION CONTACT:
Anthony D. Dais, at telephone number
(202) 693–2784 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: Section
188 of the Consolidated Farm and Rural
Development Act of 1972, as established
under 29 CFR Part 75, authorizes the
United States Department of Agriculture
to make or guarantee loans or grants to
finance industrial and business
activities in rural areas. The Secretary of
Labor must review the application for
financial assistance for the purpose of
certifying to the Secretary of Agriculture
that the assistance is not calculated, or
likely, to result in: (a) A transfer of any
employment or business activity from
one area to another by the loan
applicant’s business operation; or, (b)
An increase in the production of goods,
materials, services, or facilities in an
area where there is not sufficient
demand to employ the efficient capacity
of existing competitive enterprises
unless the financial assistance will not
have an adverse impact on existing
competitive enterprises in the area. The
Employment and Training
Administration within the Department
of Labor is responsible for the review
and certification process. Comments
should address the two bases for
certification and, if possible, provide
data to assist in the analysis of these
issues.
Section 246 of the Trade Act of 1974 (26
U.S.C. 2813), as amended, the
Department of Labor issued a Notice of
Revised Determination on
Reconsideration on May 9, 2008. The
notice was published in the Federal
Register on May 15, 2008 (72 FR 28169–
28170).
At the request of the petitioners, the
Department reviewed the Notice of
Revised Determination on
Reconsideration for workers of the
subject firm. The workers are engaged in
the production of brass rod, wire and
low melt alloys. The workers are
separately identifiable by product line.
New information shows that leased
workers of Adecco Staffing were
employed on-site at the Bellefonte,
Pennsylvania location of Bolton Metal
Products, Co. The Department has
determined that these workers were
sufficiently under the control of Bolton
Metal Products Co. to be considered
leased workers.
Based on these findings, the
Department is amending this
certification to include leased workers
of Adecco Staffing working on-site at
the Bellefonte, Pennsylvania location of
the subject firm.
The intent of the Department’s
certification is to include all workers
employed at Bolton Metal Products Co.,
Bellefonte, Pennsylvania who were
adversely-impacted by increased
imports of brass rod, wire, and low melt
alloys.
The amended notice applicable to
TA–W–62,875 is hereby issued as
follows:
Signed: at Washington, DC this 9th of July,
2008.
Gay M. Gilbert,
Administrator, Office of Workforce
Investment, Employment and Training
Administration.
[FR Doc. E8–16145 Filed 7–14–08; 8:45 am]
‘‘All workers of Bolton Metal Products Co.,
including on-site leased workers of Adecco
Staffing, Bellefonte, Pennsylvania, who
became totally or partially separated from
employment on or after February 18, 2007,
through May 9, 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.’’
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,875]
Bolton Metal Products Co., Including
On-Site Leased Workers of Adecco
Staffing, Bellefonte, PA; Amended
Notice of Revised Determination on
Reconsideration
Signed at Washington, DC this 26th day of
June 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–16077 Filed 7–14–08; 8:45 am]
BILLING CODE 4510–FN–P
In accordance with Section 223 of the
Trade Act of 1974 (19 U.S.C. 2273), and
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]]>Agencies
[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40621-40622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16079]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-63,418]
Gramercy Jewelry Manufacturing Corporation, New York, NY; Notice
of Negative Determination Regarding Application for Reconsideration
By application dated June 19, 2008, a company official requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers of
Gramercy Jewelry Manufacturing Corporation, New York, New York, to
apply for Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA). The negative determination was issued on
June 10, 2008. The Department's notice of determination was published
in the Federal Register on June 27, 2008 (73 FR 36576).
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, which was filed on behalf of workers at Gramercy
Jewelry Manufacturing Corporation, New York, New York engaged in the
production of jewelry, was denied based on the findings that sales and
production at the subject firm did not decrease from 2006 to 2007 or
from January through April 2008, when compared with the same period in
2007. The investigation also revealed no shift in production to a
foreign country in the relevant time period.
In the request for reconsideration, the company official stated
that he disagrees with the investigation and that the
[[Page 40622]]
subject firm ``laid off about 25 employees.'' The company official did
not supply any additional information regarding sales or production
that would warrant reopening the investigation.
After careful review of the request for reconsideration, the
Department determines that none of the circumstances under 29 CFR
90.18(c) for granting reconsideration have 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 at Washington, DC this 8th day of July 2008.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-16079 Filed 7-14-08; 8:45 am]
BILLING CODE 4510-FN-P
