ETA
Federal Register Notice ETA
Federal Register Notice
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-34,174]
United Technologies Automotive Columbus, Mississippi; Notice of
Negative Determination Regarding Application for Reconsideration
By application postmarked April 20, 1998, the International Union
of Electronic, Electrical, Salaried, Machine and Furniture Workers
(IUE), Local 794, 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 5,
1998, and published in the Federal Register on March 23, 1998 (63 FR
13878).
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 IUE Local 794 asserts that in December 1996, the production of
starter motors and commercial starter motors was shifted from the
Columbus, Mississippi plant to Mexico. The IUE Local 794 states that as
a result of that shift in production, 225 workers were separated from
employment in December 1996, and add that the TAA petition
investigation did not include the workers producing these articles.
The January 8, 1998, petition for TAA filed with Department on
behalf of workers at United Technologies
[[Page 26211]]
Automotive located in Columbus, Mississippi, identified fractional H.P.
electric motors as the articles produced. Information obtained during
the investigation showed that electric motors for windowlift, ABS, and
windshield wiper applications was the primary output at the subject
plant during the time period covered by the petition.
Section 223(b)(1) of the Trade Act of 1974 provides that a trade
adjustment assistance certification may not apply to a worker whose
separation from employment occurred more than one year prior to the
date the petition was filed. The Trade Act does not give the Secretary
authority to waive this statutory limitation. Since the December 1996
layoffs were more than one year prior to the January 8, 1998 petition
date, the workers producing starter motors and commercial starter
motors at Columbus cannot be considered in the TAA petition
determination.
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 29th day of April 1998.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 98-12564 Filed 5-11-98; 8:45 am]
BILLING CODE 4510-30-M
DOL Home Page |
ETA Home Page |
Top of Document |
Top of List