[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-12317] [[Page Unknown]] [Federal Register: May 20, 1994] ----------------------------------------------------------------------- DEPARTMENT OF LABOR [TA-W-29,304] Digital Equipment Corporation Roxbury, Massachusetts; Negative Determination Regarding Application for Reconsideration By an application dated March 31, 1994, some of the workers requested administrative reconsideration of the subject petition for trade adjustment assistance. The denial notice was signed on March 4, 1994 and published in the Federal Register on March 18, 1994 (59 FR 12983). 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 findings show that the Roxbury plant produced mainly the LK201 keyboard and cable assemblies which were used internally by other Digital facilities. Its stated that Mexican keyboards adversely affected the workers. The findings show that all production on the LK201 keyboards ceased in March, 1992 and the plant closed in December 1992. Cable assemblies were then produced but were discontinued in 1993 as an end-of-life item. All other production at Roxbury was either moved to other corporate domestic plants or discontinued. These events would not provide a basis a group certification. The Department's denial was based on the fact that the ``contributed importantly'' test of the Worker Group Eligibility Requirements of the Trade Act was not met. The findings show that a corporate decision was made to cease operations at Roxbury and outsource production for a newer generation of keyboards to other domestic companies. Neither a domestic transfer nor technological unemployment would form a basis for a worker group certification. Also, the allegation that a domestic vendor is currently importing keyboards for Digital would not provide a basis for certifying keyboard workers laid of in March, 1992. Section 223(b)(1) of the Trade Act does not permit the Department to certify workers laid off more than one year prior to the date of the petition, which in this case is November 15, 1993. 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 11th day of May 1994. Stephen A. Wandner, Deputy Director, Office of Legislation & Actuarial Service Unemployment Insurance Service. [FR Doc. 94-12317 Filed 5-19-94; 8:45 am] BILLING CODE 4510-30-M