[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: 94-8112]


[[Page Unknown]]

[Federal Register: April 5, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,266]

 

Owens-Illinois, Inc.; Huntington, WV; Negative Determination 
Regarding Application for Reconsideration

    By an application dated March 15, 1994, Local #212 of the Glass, 
Molders, Pottery, Plastics and Allied Workers International Union (GMP) 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance (TAA). The denial notice was published in 
the Federal Register on March 4, 1994 (59 FR 10429).
    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 investigation files show that the workers produced commercial 
glass containers for drug, chemical, liquor, beer and wine producers. 
The plant closed on December 31, 1993.
    The union stated that the machinery for producing glass containers 
is being shipped overseas.
    The Department's denial is based on the fact that the ``contributed 
importantly'' test of the Group Eligibility Requirements of the Trade 
Act was not met. This test is generally demonstrated through a survey 
of the workers' firm's customers. The Department's survey of the firm's 
major declining customers showed that none of the respondents increased 
their imports while decreasing their purchases from Owens-Illinois.
    Other findings show that most of the production was shipped to 
other domestic corporate plants. A domestic shift of production would 
not form a basis for a worker group certification.
    Further, machinery used in the production of glass containers is 
not like or directly competitive with glass containers. In order for a 
worker group to become certified it must meet all three of the Group 
Eligibility Requirements of the Trade Act--(1) a significant decrease 
in employment (2) an absolute decrease in sales or production and (3) 
increased imports of articles which are like or directly competitive 
with those produced at the petitioning workers' firm and which 
``contributed importantly'' to declines in sales or production and 
employment.

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. 94-8112 Filed 4-4-94; 8:45 am]
BILLING CODE 4510-30-M