Petitioner Type: Company
Impact Date:
Filed Date: 05/21/2001
Most Recent Update: 03/05/2002
Determination Date: 03/05/2002
Expiration Date:
Employment and Training Administration
STANDARD CORPORATION
INTEGRATED LOGISTICS
TA-W-39,282 WILMINGTON, NORTH CAROLINA
TA-W-39,282A LELAND, NORTH CAROLINA
TA-W-39,282B KINSTON, NORTH CAROLINA
TA-W-39,282C GRIFTON, NORTH CAROLINA
TA-W-39,282D CHARLESTON, SOUTH CAROLINA
TA-W-39,282E MONCKS CORNER, SOUTH CAROLINA
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated on April 18, 2002, the company
requested 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 applicable to workers of
Standard Corporation, Integrated Logistics, Wilmington, North
Carolina (TA-W-39,282), Leland, North Carolina (TA-W-39,382A),
Kinston, North Carolina (TA-W-39,282B), Grifton, North Carolina
(TA-W-39,282C), Charleston, South Carolina (TA-W-39,282D) and
Moncks Corner, South Carolina (TA-W-39,282E) was signed on March
5, 2002, and published in the Federal Register on March 20, 2002
(67 FR 13012).
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 was filed on behalf of workers at Standard
Corporation, Integrated Logistics, Wilmington, North Carolina
(TA-W-39,282), Leland, North Carolina (TA-W-39,382A), Kinston,
North Carolina (TA-W-39,282B), Grifton, North Carolina (TA-W-
39,282C), Charleston, South Carolina (TA-W-39,282D) and Moncks
Corner, South Carolina (TA-W-39,282E) engaged in activities
related to providing distribution and warehousing services for an
unaffiliated customer that produces polyester fibers. The
petition was denied because the petitioning workers did not
produce an article within the meaning of Section 222(3) of the
Act.
In the request for reconsideration, the company indicated
that Standard Corporation workers play a vital role in the
manufacturing of polyester fibers for Dupont. The petitioner
indicated that once the polyester fibers are released from the
Dupont Corporation production area, the product is then
transported through an in-line conveyor system to the Standard
Corporation work area. Standard Corporation associates off-load
the polyester fiber and perform the packaging, quality checks, as
well as, transport the product to a designated staging area
within the Dupont Manufacturing plant.
The new data supplied by the petitioner show that the
subject plant workers performed services that are a stage beyond
the production performed at the unaffiliated, certified TAA
Dupont Corporation, Polyester Enterprise, (Wilmington, North
Carolina, TA-W-39,743, Kinston, North Carolina, TA-W-39,743A and
Charleston, South Carolina, TA-W-39,743B) plants. Therefore, as
indicated in the initial decision, workers do not produce an
article within the meaning of Section 222(3) of the Trade Act of
1974, is correct.
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, D.C., this 20th day of June, 2002.
/s/ Edward A. Tomchick
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance