ETA Federal Register Notice ETA Federal Register Notice
[DOCID:fr26no97-132]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-33,519]
Hayes Wheels International, Incorporated, Romulus, Michigan;
Notice of Negative Determination Regarding Application for
Reconsideration
By application of July 11, 1997, the United Automobile-Aerospace-
Agricultural Implement Workers of America (UAW) requested
administrative reconsideration of the Department's negative
determination regarding worker eligibility to apply for trade
adjustment assistance, applicable to workers of the subject firm. The
denial notice was signed on June 13, 1997 and will be published in the
Federal Register.
Pursuant to CFR 90.18(c) reconsideration may be granted under the
following circumstances:
[[Page 63198]]
(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 the workers are facing
a plant closing and job loss as the result of Hayes Wheels
International, Inc. moving work and awarding new work to their Europe,
Mexico, Venezuela plants.
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.
Sales and production at the subject firm increased from 1995 to
1996 and from January through September 1997 over the corresponding
1996 period. The company is in the process of shifting work performed
at the subject firm to two other domestic corporate facilities. The
decision to close the facility down is attributed to corporate excess
capacity and an outmoded manufacturing facility. The investigation
further revealed that although the company imported wheels, the
quantity was not significant and was not the contributing factor in the
terminations at the subject firm.
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 17th day of November 1997.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 97-31059 Filed 11-25-97; 8:45 am]
BILLING CODE 4510-30-M
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