[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15660]


[Federal Register: June 28, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,299]


Control Techniques (USA) Inc. (E.C.S.) Fairmont, WV; Negative 
Determination Regarding Application for Reconsideration

    By an application dated April 18, 1994, Local 702 of the 
International Union of Electrical Workers (IUE) requested 
administrative reconsideration of the subject petition for trade 
adjustment assistance. The denial notice was signed on March 23, 1994 
and published in the Federal Register on April 7, 1994 (59 FR 16663).
    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.
    Investigation findings show that the workers produced electronic 
control equipment. The subject firm was known as Electronic Control 
Systems, Inc., (ECS) until it was purchased by Control Techniques 
Worldwide, a British firm, on February 14, 1991.
    The Department's denial was based on the fact that the 
``contributed importantly'' test of the Group Eligibility Requirements 
of the Trade Act was not met. After the purchase in February 1991, 
Control Techniques Worldwide, the parent company, began to consolidate 
all of Fairmont's production to other domestic locations. The major 
portion of layoffs occurred in 1991. Layoffs prior to November 16, 1992 
cannot be considered under this petition since Section 223(b)(1) of the 
Trade Act does not permit the certification of workers prior to one 
year of the date of the petition.
    The union states that components and instruments from the U.K. 
replaced products produced at Fairmont. The union also states that 
parts originally made at ECS began to be prefabricated in Mexico.
    Investigation findings show that no production at Fairmont was 
displaced by foreign production since Control Techniques Worldwide 
purchased ECS in 1991. Some SCR power paks, however, were brought over 
from the U.K. but they were not sold. The power paks from the U.K. were 
found to be inadequate for the U.S. market and were returned.

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 June 15, 1994.
James D. Van Erden,
Administrator, Office of Work-Based Learning.
[FR Doc. 94-15660 Filed 6-27-94; 8:45 am]
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