ETA
Federal Register Notice ETA
Federal Register Notice
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-34,229]
Kleinerts Inc. of Alabama, Greenville, AL; Notice of Negative
Determination Regarding Application for Reconsideration
By application postmarked March 27, 1998, the petitioners requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers of the subject firm to
apply for worker adjustment assistance. The denial notice was signed on
March 19, 1998 and was published in the Federal Register on April 4,
1998 (63 FR 16574).
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 petitioner's request for reconsideration asserts that the
workers at Kleinerts's Greenville, Alabama plant sewed T-shirts and
sweat-shirts. The petitioner's request for reconsideration acknowledges
that the contract for the production of T-shirts was awarded to another
domestic manufacturer, but asserts that the production of sweat-shirts
was shifted to Honduras. The petitioners state that Kleinert's machines
and equipment have been shipped to Honduras. The petitioners attribute
job losses and the plant closure to these facts.
The petition investigation for workers of the subject firm showed
that the primary output at the Greenville plant was T-shirts. The
Department's denial of TAA for workers of the subject firm was based on
the fact that the ``contributed importantly'' test of the group
Eligibility requirements of Section 222 of the Trade Act of 1974, as
amended, was not met. The ``contributed importantly'' test is generally
demonstrated through a survey of the subject firm's customers. The
Department of Labor surveyed the major customer of the subject firm
regarding their purchases of imported T-shirts. The respondent reported
no import purchases of T-shirts in 1996 or 1997.
In response to the petitioners allegation regarding the shift of
machines and equipment from Alabama to Honduras, the sale or shift of
such items to a foreign country does not form the basis for a worker
group certification.
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 15th day of April 1998.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 98-11037 Filed 4-24-98; 8:45 am]
BILLING CODE 4510-30-M
DOL Home Page |
ETA Home Page |
Top of Document |
Top of List