[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Notices]
[Page 4489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2481]



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DEPARTMENT OF LABOR
[TA-W-29,974]


VIC Manufacturing Co. Minneapolis, Minnesota, Negative 
Determination on Reconsideration

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand for further 
Investigation in Nelson v. Secretary of Labor
    (94-10-00630).
    The Department's initial denial for the workers of Vic 
Manufacturing Company, Minneapolis, Minnesota, issued on August 15, 
1995 and published in the Federal Register on September 2, 1994 (59 FR 
45711), was based on the fact that the workers provided a service and 
did not produce an article.
    The petitioners request for reconsideration was dismissed on 
September 19, 1994 and published in the Federal Register on September 
27, 1994 (59 FR 49260). The Department's dismissal was based on the 
fact that the application contained no new substantial information 
which would bear importantly on the determination.
    On remand, during the Department's investigation, it was determined 
that the TAA petition filed on behalf of the workers at Vic 
Manufacturing is invalid. The petition does not meet the statutory time 
requirements of the Trade Act of 1974. The TAA petition filed on behalf 
of the workers at Vic Manufacturing was dated May 9, 1994. (See AR p. 
2.) The date of worker separation for Tony Nelson, petitioner number 1, 
was January 29, 1993, and for Raymond Menard, petitioner number 2, 
November 11, 1992. The third petitioner was within the scope of 
consideration. However, a valid petition must be signed by three 
affected workers. Mr. Nelson and Mr. Menard were separated from 
employment with Vic Manufacturing more than one year prior to the May 
9, 1994, filing date. Section 223(b)(1) of the Trade Act of 1974 
provides that a trade adjustment assistance certification may not apply 
to a worker whose separation from employment occurred more than one 
year prior to the date the petition was filed. The Trade Act does not 
give the Secretary authority to waive this statutory limitation.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for adjustment assistance for 
workers and former workers of the Vic Manufacturing Company, 
Minneapolis, Minnesota.

    Signed at Washington, DC, this 26th day of January 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-2481 Filed 2-5-96; 8:45 am]
BILLING CODE 4510-30-M