[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26174]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,965]

 

Benicia Industries, Inc., Benicia, CA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By an application dated August 23, 1994, Lodge #1173 of the 
Automotive Machinists Union (IAM) requested administrative 
reconsideration of the subject petition for trade adjustment 
assistance. The denial notice was signed on July 28, 1994 and published 
in the Federal Register on August 15, 1994 (59 FR 41792).
    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 findings show that the workers are engaged in predelivery 
services for imported Mazda automobiles prior to transfering these 
vehicles to automotive dealershps. Installing components--radios, 
bumpers, emblems and performing repairs on imported automobiles would 
not provide a basis for a worker group certification.
    The dominant cause for the layoffs at Benicia was a corporate 
decision to eliminate the Benicia facility and perform the predelivery 
services at two other west coast ports. Worker separations resulting 
from a domestic transfer of activity would not provide a basis for a 
worker group certification.

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 11th day of October 1994.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 94-26174 Filed 10-20-94; 8:45 am]
BILLING CODE 4510-30-M