ETA Federal Register Notice ETA Federal Register Notice
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-33,727]
CMS NOMECO Oil and Gas Company, Jackson, Michigan; Notice of
Negative Determination Regarding Application for Reconsideration
On August 29, 1997, the Department issued a Negative Determination
Regarding Eligibility to apply for worker adjustment assistance,
applicable to workers and former workers of CMS NOMECO Oil and Gas
Company of Jackson, Michigan. The notice was published in the Federal
Register on September 30, 1997 (62 FR 51152).
By letter of September 24, 1997, the petitioners requested
administrative reconsideration regarding the Department's denial. New
information provided by CMS NOMECO Oil and Gas
[[Page 65096]]
Company shows that company sales declined during the time period
relevant to the investigation.
Workers at the subject firm are engaged in employment related to
the exploration and production of crude oil and natural gas. The
workers are not separately identifiable by product line.
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 request for reconsideration claims that U.S. sales decreased as
a result of imports during the relevant time period and, thus the
company made a strategic business decision to relocate to Houston,
Texas in order to pursue foreign production of oil and gas which
resulted in workers being dislocated in Jackson, Michigan.
In order for the Department to issue a worker group certification,
all of the group eligibility requirements of Section 222 of the Trade
Act must be met. Review of the investigation findings show that
criterion (3) was not met.
Revised data from the subject firm does indicate a minor decline in
domestic sales. However, notwithstanding these minor declines in
domestic sales, the separations resulted from a corporate decision to
transfer corporate headquarters within the U.S.
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 2nd day of December 1997.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 97-32304 Filed 12-9-97; 8:45 am]
BILLING CODE 4510-30-M
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