[Federal Register Volume 65, Number 87 (Thursday, May 4, 2000)]
[Notices]
[Pages 25945-25946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11121]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37,082]


Outboard Marine Corporation, OMC Evinrude Plant Milwaukee, 
Wisconsin; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated March 24, 2000, the United Steelworkers of 
America (USWA), Local 1302, request administrative reconsideration of 
the Department's negative determination regarding worker eligibility to 
apply for TAA. The denial notice applicable to workers of the subject 
firm located in Milwaukee, Wisconsin, was signed on March 3, 2000 and 
published in the Federal Register on March 17, 2000 (65 14627).
    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.
    Findings of the initial investigation show that workers of Outboard 
Marine Corporation, OMC Evinrude Plant, Milwaukee, Wisconsin, producing 
component parts for outboard motors were denied eligibility to apply 
for TAA based on the finding that the ``contributed importantly'' 
criterion of the worker group eligibility requirements of Section 222 
of the Trade Act of 1974, as amended, was not met. Layoffs were 
attributable to the company's decision to consolidate operations and 
outsource to U.S. manufacturers.
    The USWA, Local 1302, states that OMC has entered into an agreement 
with Suzuki of Japan for the purchase of marine power products, and 
provided the number of units to be purchased from that supplier this 
year. This information was available to the Department during the 
investigation but not elaborated on in the notice of negative 
determination. The subject firm did not import, nor were there any 
scheduled imports, of components like or directly competitive with 
those produced by workers of the firm.

[[Page 25946]]

    The USWA, Local 1302, also assert that connecting rods for OMC were 
produced exclusively at OMC Milwaukee plant and those articles were 
outsourced to a foreign manufacturer. Information provided by the 
company during the petition investigation did not specifically identify 
connecting rods as one of the articles produced. The sales and 
production information submitted to the Department by the subject firm 
was for crankshafts, drive shafts, propellers and miscellaneous steel 
products (which included connecting rods).
    In order to respond to the USWA, Local 1302, the Department 
contacted the subject firm, which confirmed that connecting rods were 
produced at the Milwaukee plant of the subject firm. The company had 
planned to outsource the production of connecting rods to a domestic 
manufacturer, but chose a foreign supplier. There were no company of 
connecting rods during the time period relevant to the investigation, 
nor have any company imports occurred since the March 3, 2000 negative 
determination for TA-W-37,082. Connecting rods were an insignificant 
percentage of output at the subject firm plant. The majority of 
production at the OMC Evinrude plant in Milwaukee, Wisconsin was 
transferred domestically.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or 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 20th day of April 2000.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 00-11121 Filed 5-3-00; 8:45 am]
BILLING CODE 4510-30-M