Atlantic Southeast Airlines, a Subsidiary of Skywest, Inc., Airport Customer Service Division, Including On-Site Leased Workers of Delta Global Services, Inc., Fort Smith, AR; Notice of Negative Determination Regarding Application for Reconsideration, 64736-64737 [E9-29148]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64736-64737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29148]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,344]


Atlantic Southeast Airlines, a Subsidiary of Skywest, Inc., 
Airport Customer Service Division, Including On-Site Leased Workers of 
Delta Global Services, Inc., Fort Smith, AR; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated October 19, 2009, 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 September 28, 2009 and 
will soon be published in the Federal Register.
    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 initial investigation resulted in a negative determination, 
based on the finding that imports of services like or directly 
competitive with the services performed by the workers of the subject 
firm did not contribute to worker separations at the subject facility 
and there was no shift or acquisition of the services from a foreign 
country during the period under investigation.
    The petitioner alleged that the subject firm is located in a 
manufacturing center and provided a list of local companies and 
manufacturing plants representing various industries. The

[[Page 64737]]

petitioner stated that these companies had been shifting their 
production abroad and downsizing their business. As a result the 
manufacturing companies have been certified eligible for Trade 
Adjustment Assistance (TAA). The petitioner concluded that because the 
business of the subject firm is ``completely reliant on the 
manufacturing industry in our town'', and because the businesses 
``discontinued their flights with us due to their downsizing'', the 
workers of the subject firm should also be eligible for TAA as 
downstream producers to these certified companies.
    In order to make an affirmative determination and issue a 
certification of eligibility to apply for adjustment assistance on the 
basis of the secondary impact, the workers' firm has to be a downstream 
producer which performs additional, value-added production processes or 
services directly for another firm for articles or services with 
respect to which a group of workers in such other firm has been 
certified.
    The investigation revealed that workers of Atlantic Southeast 
Airlines, a subsidiary of Skywest, Inc., Airport Customer Service 
Division, Fort Smith, Arkansas provided airline customer services, 
including airport station management, ticketing and baggage. The 
workers of the subject firm did not perform additional, value-added 
production processes or services directly to any of the certified 
primary firms during the period under investigation. Thus the subject 
firm workers are not eligible for TAA as downstream producers under 
secondary impact.
    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 5th day of November 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-29148 Filed 12-7-09; 8:45 am]
BILLING CODE 4510-FN-P