[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Notices]
[Pages 31626-31627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15137]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-31,385]


Johnson Controls Battery Group, Inc. Louisville, Kentucky; Notice 
of Negative Determination of Reconsideration On Remand

    The United States Court of International Trade (USCIT) remanded for 
further investigation the Secretary of Labor's negative determination 
in International Union, United Automobile, Aerospace and Agricultural 
Implement Workers of America, UAW Local 1288 and Employees and Former 
Employees of Johnson Controls Battery Group, Inc. v. Robert Reich, 
Secretary of Labor (96-04-01141).
    The Department's initial denial of the petition for employees of 
Johnson Controls Battery Group Inc., Louisville, Kentucky was issued on 
October 13, 1995 and published in the Federal Register on October 27, 
1995 (60 FR 55063). The denial was based on the fact that criterion (3) 
of the Group Eligibility Requirements of Section 222 of the Trade Act 
of 1974, as amended, was not met. The subject plant transferred 
production to another domestic location. Therefore, increased imports 
did not contribute importantly to worker separations.
    On November 13, 1995, the petitioners requested administrative 
reconsideration of the Department's denial, which also resulted in 
affirmation of the initial negative decision. The determination was 
issued on February 6, 1996 and published in the Federal Register on 
February 21, 1996 (61 FR 6658).
    In response to the UAW's request for judicial review of the Labor 
Department's finding in this case, on February 4, 1997, the USCIT 
remanded the case to the Department of Labor for further investigation.
    On remand, the Department reviewed the previously certified 
adjustment assistance petitions for workers of Johnson Controls, 
Incorporated located in Bennington, Vermont (TA-W-29,403); Owosso, 
Michigan (TA-W-30,659); and Garland, Texas (TA-W-30,863). In each of 
these investigations customers of the respective subject firm were 
primarily aftermarket retailers. Each of these investigations resulted 
in a worker group certification because all of the Group Eligibility 
Requirements of Section 222 of the Trade Act of 1974, as amended, were 
met. There were declines in company sales and or production, employment 
declined and it was determined that imports ``contributed importantly'' 
to worker separations. The ``contributed importantly'' test is 
generally demonstrated through a survey of the workers' firm's 
customers. Customers of the Johnson Controls, Incorporated locations 
ion Bennington, Vermont, Owosso, Michigan and Garland, Texas reported 
increased imports of aftermarket automotive batteries in the relevant 
time periods.
    Findings on remand show that the customer base at the Louisville 
plant was different from the above cited Johnson Control locations. In 
Louisville, new car producers were the primary customers, purchasing 
original equipment automotive batteries.
    Remand findings affirmed that the automotive battery production at 
the Louisville, Kentucky plant was not shifted to a foreign country, 
but to another domestic facility of Johnson Controls.
    Investigation findings on remand show that although criteria (1) 
and (2) of the Group Eligibility Requirements of Section 222 of the 
Trade Act of 1974, as amended, were met, criterion (3) was not met 
because the customers of the subject firm did not increase purchases of 
imported automotive batteries. Thus, increased imports of automotive 
batteries did not contribute to Johnson Control's decline in sales and 
production and employment at Louisville, Kentucky.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of Johnson Controls

[[Page 31627]]

Battery Group Inc., Louisville, Kentucky.

    Signed at Washington, DC this 16th day of May 1997.
Curtis K. Kooser,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 97-15137 Filed 6-9-97; 8:45 am]
BILLING CODE 4510-30-M