DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,507

DRESSER-WAYNE DIVISION (HALLIBURTON)
SALISBURY, MARYLAND

Notice of Negative Determination
Regarding Application for Reconsideration


By application of February 8, 2001, the International Union,
United Automobile, Aerospace & Agricultural Implement Workers of
America (UAW), Local 354, request administrative reconsideration
of the Department's negative determination regarding eligibility
for workers and former workers of the subject firm to apply for
Trade Adjustment Assistance (TAA). The denial notice was signed
on January 17, 2001, and published in the Federal Register on
February 8, 2001 (66 FR 9599).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers producing
retail fuel dispensers at Dresser-Wayne Division (Halliburton) in
Salisbury, Maryland, was denied because the group eligibility
requirement of Section 222(2) of the Trade Act of 1974, as
amended, was not met. Sales and production of articles produced
at the plant increased from 1999 to 2000.
The petitioner provided a copy of an e-mail from a company
official at Dresser-Wayne to the President of UAW, Local 354,
indicating that jobs were lost at the plant because some of the
work at the subject firm plant was being sent to Brazil.
The transfer of work, or shift of production, is not a basis
for worker group certification under the worker adjustment
assistance provisions of Section 222 of the Trade Act of 1974.
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 decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 30th day of April, 2001.
/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division
of Trade Adjustment Assistance