Petitioner Type: Union
Impact Date:
Filed Date: 03/04/2002
Most Recent Update: 03/13/2002
Determination Date: 03/13/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,926
EVTAC MINING LLC
FORMERLY THUNDERBIRD MINING
EVELETH, MINNESOTA
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated April 12, 2002, the United Steel
Workers of America, Local 6860 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 March 13, 2002, and
published in the Federal Register on March 29, 2002 (67 FR
15225).
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 petition for the workers of EVTAC Mining LLC, formerly
Thunderbird Mining, Eveleth, Minnesota was denied because
criterion (2) of the group eligibility requirement of Section 222
of the Trade Act of 1974, as amended, was not met. Sales and
production at the subject firm increased during the relevant
period.
The petitioner alleges that sales and production would have
shown a decline in the 2001 period if it were not for a fire at
the subject firm that disrupted production at the subject plant
during year 2000. The petitioner further implies that reduced
production at the subject firm in 2000 appears to create an
incorrect upward trend in sales and production at the subject
plant in 2001.
Based on data supplied by the petitioner and the initial
investigation, sales and production increased in 2001 over the
2000 period. The petitioner supplied a company memo with their
request for administrative reconsideration showing what estimated
plant production would have been if there were no fire at the
subject plant in the year 2000. Based on the information
supplied, no declines in sales or production occurred during the
relevant period of the investigation.
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 14th day of May 2002.
/s/ Edward A. Tomchick
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,926
EVTAC MINING LLC
FORMERLY THUNDERBIRD MINING
EVELETH, MINNESOTA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on March 4, 2002 in response
to a petition filed by United Steelworkers of America, Local 6860
on behalf of workers at EVTAC Mining LLC, formerly Thunderbird
Mining, Eveleth, Minnesota. The workers mine and process taconite.
The investigation revealed that criterion (2) has not been
met.
Both sales and production at the subject firm increased from
2000 to 2001.
Conclusion
After careful review, I determine that all workers at EVTAC
Mining LLC, formerly Thunderbird Mining, Eveleth, Minnesota engaged
in employment related to the mining and processing of taconite, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C. this 13th day of March, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
6
Employment and Training Administration
TA-W-40,926
EVTAC MINING LLC
FORMERLY THUNDERBIRD MINING
EVELETH, MINNESOTA
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated April 12, 2002, the United Steel
Workers of America, Local 6860 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 March 13, 2002, and
published in the Federal Register on March 29, 2002 (67 FR
15225).
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 petition for the workers of EVTAC Mining LLC, formerly
Thunderbird Mining, Eveleth, Minnesota was denied because
criterion (2) of the group eligibility requirement of Section 222
of the Trade Act of 1974, as amended, was not met. Sales and
production at the subject firm increased during the relevant
period.
The petitioner alleges that sales and production would have
shown a decline in the 2001 period if it were not for a fire at
the subject firm that disrupted production at the subject plant
during year 2000. The petitioner further implies that reduced
production at the subject firm in 2000 appears to create an
incorrect upward trend in sales and production at the subject
plant in 2001.
Based on data supplied by the petitioner and the initial
investigation, sales and production increased in 2001 over the
2000 period. The petitioner supplied a company memo with their
request for administrative reconsideration showing what estimated
plant production would have been if there were no fire at the
subject plant in the year 2000. Based on the information
supplied, no declines in sales or production occurred during the
relevant period of the investigation.
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 14th day of May 2002.
/s/ Edward A. Tomchick
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,926
EVTAC MINING LLC
FORMERLY THUNDERBIRD MINING
EVELETH, MINNESOTA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on March 4, 2002 in response
to a petition filed by United Steelworkers of America, Local 6860
on behalf of workers at EVTAC Mining LLC, formerly Thunderbird
Mining, Eveleth, Minnesota. The workers mine and process taconite.
The investigation revealed that criterion (2) has not been
met.
Both sales and production at the subject firm increased from
2000 to 2001.
Conclusion
After careful review, I determine that all workers at EVTAC
Mining LLC, formerly Thunderbird Mining, Eveleth, Minnesota engaged
in employment related to the mining and processing of taconite, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C. this 13th day of March, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
6