General Cable, Taunton, MA; Notice of Negative Determination Regarding Application for Reconsideration [06/08/2004]
Volume 69, Number 110, Page 32046-32047
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-53,679]
General Cable, Taunton, MA; Notice of Negative Determination
Regarding Application for Reconsideration
By application of February 4, 2004, the United Electrical, Radio
and Machine Workers of America, District Council 2 requested
administrative reconsideration regarding the Department's Negative
Determination Regarding Eligibility to Apply for Worker Adjustment
Assistance, applicable to the workers of the subject firm. The denial
notice was published in the Federal Register on February 6, 2004 (69 FR
5866).
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 petition for the workers of General Cable, Taunton,
Massachusetts was denied because criterion 2 of Section 222(b), as
amended, was not met. The workers' firm was not a supplier or
downstream producer to a firm that employed a group of workers who
received a certification of eligibility to apply for trade adjustment
assistance benefits and such supply or production is related to the
article that was the basis for such certification. Other findings of
the investigation determined that there were increases in General Cable
sales and production of copper wire and unfinished PVC compounds from
2002 to 2003.
The petitioner states that the relevant period investigated by the
Department is not an accurate measure in determining the workers
eligibility for TAA and suggests that the Department should extend
investigation back to the
[[Page 32047]]
beginning of 2000 to reveal the secondary impact of foreign trade on
the subject firm.
In addressing the Trade Act worker group eligibility criteria for
secondarily affected workers, the Department is required to conduct an
investigation for the relevant time period, which is one year or the
four quarters, prior to the date of the petition, to establish if the
firm is secondary affected. In order to be eligible as secondarily
affected, the workers' firm must be a supplier firm and the component
parts it supplied to a primary firm whose worker group is certified for
TAA accounted for at least 20 percent of the supplier firm sales; or
the loss of business by the workers' firm contributed importantly to
the workers' separation or threat of separation. Although there were
employment declines at General Cable there was no loss of business to a
primary firm whose workers were certified eligible to apply for TAA.
The petitioner states that the closure of the General Cable,
Montoursville, Pennsylvania in August of 2001 reduced significantly the
volume of production at the Taunton facility, and consequently was a
reason of the subject company's closure on December 31, 2003.
While the Department agrees that the loss of business with
Montoursville facility might have led to worker separations from the
subject firm in 2001, there is no evidence that the subject firm was
secondary impacted during the relevant period. The subject firm did not
supply copper wire and unfinished PVC compounds to the primary firm
engaged in production whose workers are currently certified as trade
impacted during the relevant time 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 at Washington, DC this 23rd day of March, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-12884 Filed 6-7-04; 8:45 am]
BILLING CODE 4510-30-P
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