American Parts & Services, Inc.; Schaumburg, IL; Notice of Negative Determination Regarding Application for Reconsideration, 65410 [E8-26051]
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65410
Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,958]
sroberts on PROD1PC70 with NOTICES
American Parts & Services, Inc.;
Schaumburg, IL; Notice of Negative
Determination Regarding Application
for Reconsideration
By application dated October 14,
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 September 17,
2008, and published in the Federal
Register on October 3, 2008 (73 FR
57682).
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
American Parts & Services, Inc.,
Schaumburg, Illinois, 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.
In the request for reconsideration the
petitioner indicates a number of reasons
as to why she should be eligible for
TAA. In particular, the petitioner stated
that the subject firm subcontracted
independent workers to perform value
added production functions on the parts
purchased by the subject firm. The
petitioner seems to allege that because
the workers were sub-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 determine whether these
subcontracted workers were employees
of the subject firm, on-site leased
workers, or workers under the control of
the subject firm and whether the worker
group produced an article during the
relevant period, the Department
contacted the subject firm’s company
official and requested employment
VerDate Aug<31>2005
16:58 Oct 31, 2008
Jkt 217001
figures and all relevant contractual
agreements between the subject firm
and sub-contracting workers for the
relevant employment data (for one year
prior to the date of the petition).
The company official stated that the
subcontractors utilized by the subject
firm during the relevant period were not
employees of American Parts &
Services, Inc., Schaumburg, Illinois, and
they were not leased workers employed
on-site of the subject facility. Moreover,
it was revealed that these independent
contractors had no contractual
agreements with the subject firm. The
investigation revealed that there was
only one worker employed by the
subject firm in the relevant period.
A review of the initial petition and
determination revealed the fact that the
firm did not employ a worker group
during the one year period prior to the
petition filing date, as required by
Section 222 of the Trade Act of 1974. A
worker group means three or more
workers in a firm or appropriate
subdivision. The subject firm did not
meet this threshold level. The
investigation also revealed that the
subject firm does not produce an article
within the meaning of Section 222(a)(2)
of the Act.
When assessing eligibility for TAA,
the Department makes its
determinations based on the
requirements as outlined in Section 222
of the Trade Act. In particular, the
Department defines an eligible worker
‘‘group’’ as ‘‘three or more workers in a
firm or an appropriate subdivision
thereof.’’ As subject firm’s total worker
number was one in the relevant period,
the worker does not meet the group
eligibility requirements for trade
adjustment assistance.
After careful review of the
information provided on
reconsideration, it was revealed that
American Parts & Services, Inc.,
Schaumburg, Illinois, resells parts for
sheet metal equipment and subcontracts
repair services. Moreover, a review of
the records provided by the company
official established that only one worker
was employed by the subject firm
during the relevant period.
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.
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
Signed in Washington, DC, this 22nd day
of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–26051 Filed 10–31–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,220]
Agrium U.S., Inc.; Kenai Nitrogen
Operation Including On-Site Leased
Workers From NMS (Nana
Management Systems) Kenai, AK;
Amended Notice of Revised
Determination on Reconsideration
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 Notice of
Revised Determination on
Reconsideration on January 8, 2008. The
notice was published in the Federal
Register on January 16, 2008 (73 FR
2946).
At the request of the petitioner, the
Department reviewed the Notice of
Revised Determination on
Reconsideration for workers of the
subject firm. The workers are engaged in
the production of anhydrous ammonia
and urea.
New information shows that workers
leased from NMS (Nana Management
Systems) were employed on-site at the
Kenai, Alaska location of Agrium U.S.,
Inc., Kenai Nitrogen Operation. The
Department has determined that these
workers were sufficiently under the
control of Agrium U.S., Inc., Kenai
Nitrogen Operation to be considered
leased workers.
Based on these findings, the
Department is amending this revised
determination to include workers leased
from NMS (Nana Management Systems)
working on-site at the Kenai, Alaska
location of the subject firm.
The intent of the Department’s
certification is to include all workers
employed at Agrium U.S., Inc., Kenai
Nitrogen Operation, Kenai, Alaska who
were adversely affected by a shift in
production of anhydrous ammonia and
urea to Damietta, Egypt.
The amended notice applicable to
TA–W–62,220 is hereby issued as
follows:
All workers of Agrium U.S., Inc., Kenai
Nitrogen Operation, including on-site leased
workers from NMS (Nana Management
Systems), Kenai, Alaska, who became totally
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Page 65410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26051]
[[Page 65410]]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-63,958]
American Parts & Services, Inc.; Schaumburg, IL; Notice of
Negative Determination Regarding Application for Reconsideration
By application dated October 14, 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 September 17, 2008, and
published in the Federal Register on October 3, 2008 (73 FR 57682).
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 American Parts & Services, Inc., Schaumburg, Illinois, 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.
In the request for reconsideration the petitioner indicates a
number of reasons as to why she should be eligible for TAA. In
particular, the petitioner stated that the subject firm subcontracted
independent workers to perform value added production functions on the
parts purchased by the subject firm. The petitioner seems to allege
that because the workers were sub-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 determine whether these subcontracted workers were employees of
the subject firm, on-site leased workers, or workers under the control
of the subject firm and whether the worker group produced an article
during the relevant period, the Department contacted the subject firm's
company official and requested employment figures and all relevant
contractual agreements between the subject firm and sub-contracting
workers for the relevant employment data (for one year prior to the
date of the petition).
The company official stated that the subcontractors utilized by the
subject firm during the relevant period were not employees of American
Parts & Services, Inc., Schaumburg, Illinois, and they were not leased
workers employed on-site of the subject facility. Moreover, it was
revealed that these independent contractors had no contractual
agreements with the subject firm. The investigation revealed that there
was only one worker employed by the subject firm in the relevant
period.
A review of the initial petition and determination revealed the
fact that the firm did not employ a worker group during the one year
period prior to the petition filing date, as required by Section 222 of
the Trade Act of 1974. A worker group means three or more workers in a
firm or appropriate subdivision. The subject firm did not meet this
threshold level. The investigation also revealed that the subject firm
does not produce an article within the meaning of Section 222(a)(2) of
the Act.
When assessing eligibility for TAA, the Department makes its
determinations based on the requirements as outlined in Section 222 of
the Trade Act. In particular, the Department defines an eligible worker
``group'' as ``three or more workers in a firm or an appropriate
subdivision thereof.'' As subject firm's total worker number was one in
the relevant period, the worker does not meet the group eligibility
requirements for trade adjustment assistance.
After careful review of the information provided on
reconsideration, it was revealed that American Parts & Services, Inc.,
Schaumburg, Illinois, resells parts for sheet metal equipment and
subcontracts repair services. Moreover, a review of the records
provided by the company official established that only one worker was
employed by the subject firm during the relevant period.
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 22nd day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-26051 Filed 10-31-08; 8:45 am]
BILLING CODE 4510-FN-P
