Glad Manufacturing; Cartersville, GA; Notice of Negative
Determination Regarding Application for Reconsideration
[04/05/2005]
Volume 70, Number 64, Page 17263-17264
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-56,365]
Glad Manufacturing; Cartersville, GA; Notice of Negative
Determination Regarding Application for Reconsideration
By application of March 2, 2005, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers of
the subject firm to apply for Alternative Trade Adjustment Assistance
(ATAA).
The workers of Glad Manufacturing, Cartersville, Georgia were
certified eligible to apply for Trade Adjustment Assistance (TAA) and
denied to apply for ATAA on February 3, 2005. The
[[Page 17264]]
denial notice was published in the Federal Register on March 9, 2005
(70 FR 11706).
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 group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm are
50 years of age or older.
2. Whether the workers in the workers' firm possess skills that are
not easily transferable.
3. The competitive conditions within the workers' industry (i.e.,
conditions within the industry are adverse).
The initial ATAA investigation determined that the skills of the
subject worker group are easily transferable to other positions in the
local area.
In the request for reconsideration, the petitioner alleges that the
separated group of workers who are 50 years and older includes
employees whose skills are very limited and not easily transferable to
other positions.
The Department conducted additional investigation and contacted
company official to determine workers' eligibility for ATAA. Based on
the company official's statements it was revealed that there are
several existing and new manufacturing facilities within the commuting
area, which are in the process of hiring workers with skills similar to
those possessed by the subject worker group. Consequently, the
investigation confirmed that workers' skills are easily transferable to
other companies.
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 22nd day of March, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1526 Filed 4-4-05; 8:45 am]
BILLING CODE 4510-30-P
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