[Federal Register Volume 59, Number 65 (Tuesday, April 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8111]


[[Page Unknown]]

[Federal Register: April 5, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR
[TA-W-29,067]

 

Olympic Plating Industries, Inc., Canton, OH; Notice of Negative 
Determination Regarding Application for Reconsideration

    By an application dated March 16, 1994, Local #50063 of the United 
Paperworkers Union (UPU) requested administrative reconsideration of 
the subject petition for trade adjustment assistance (TAA). The denial 
notice was signed on February 24, 1994, and published in the Federal 
Register on March 10, 1994 (59 FR 11326).
    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 union states that the workers should be certified since Olympic 
had reduced business from kitchen appliance manufacturing customers who 
took their production overseas.
    Investigation findings show that Olympic Plating is an independent 
contractor which performs plating services on components (stove tops, 
etc.) for kitchen appliance manufacturing customers. The findings show 
that Olympic Plating did not own the components to be plated but only 
performed plating services on them. Olympic Plating was independent of 
its customers and there was no corporate relationship between Olympic 
Plating and its customers.
    The Department's denial was based on the fact that the workers do 
not produce an article within the meaning of the Trade Act, as amended. 
The Department has consistently determined that the performance of 
services does not constitute the production of an article and this 
determination has been upheld in the U.S. Court of Appeals. 
Accordingly, the plating services performed by Olympic Plating cannot 
be considered the production of an article.
    The worker adjustment assistance program was not intended to 
provide TAA to workers who are in some way related to import 
competition but only for those workers who produce an article and are 
adversely affected by increased imports of like or directly competitive 
articles which contributed importantly to sales or production and 
employment declines at the workers' 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, DC., this 23rd day of March, 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation and Actuarial Service, 
Unemployment Insurance Service.
[FR Doc. 94-8111 Filed 4-4-94; 8:45 am]
BILLING CODE 4510-30-M