[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Notices]
[Pages 63163-63164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25786]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,302]


Motorola, Inc., Arlington Heights, IL; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated June 25, 2002, a petitioner requested that the 
Department of Labor amend a Trade Adjustment Assistance certification 
issued on May 2, 2002 for workers of Motorola, Inc., Global Telecom 
Solutions (GTSS) and Commercial, Government, Industrial Solutions 
Sector (CGISS), Schaumburg, Illinois (TA-W-40,501 & TA-W-40,501A, 
respectively) to include workers of Motorola, Inc., Arlington Heights, 
Illinois (TA-W-41,302). Based on the information supplied in the 
petitioner's letter, it appears the petitioner is actually requesting 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm (TA-W-41,302). The denial notice was signed on June 27, 
2002, and published in the Federal Register on July 9, 2002 (67 FR 
45550).
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The petition for the workers of Motorola, Inc., Arlington Heights, 
Illinois was denied because the ``contributed importantly'' group 
eligibility requirement of Section 222(3) of the Trade Act of 1974, as 
amended, was not met. The investigation revealed that the predominate 
cause of worker separations at the subject facility was related to a 
domestic shift of production to another facility located in Illinois.
    The petitioner believes that the workers at the subject plant were 
in direct support of a facility under an existing Trade Adjustment 
Assistance (TAA) Certification (TA-W-40,501) Motorola, Inc., Global 
Telecom Solutions Sector (GTSS), formerly Network Solutions Sector 
(NSS), Schaumburg, Illinois and therefore believes they should be 
considered for TAA certification. The petitioner further believes that 
the workers do the same work as the Schaumburg plant.
    A review of the data supplied by the company during the initial 
investigation shows that subject plant workers were primarily engaged 
in activities related to the production of cable modems and cable 
hardware. The workers at the TAA certified facility located in 
Schaumburg were engaged in the production of IDEN and CGISS radio 
system units.
    The company supplied further information concerning any potential

[[Page 63164]]

Arlington Heights support activities directed towards the Schaumburg 
facility. The data provided by the company indicates that the portion 
of Arlington Heights work directed towards the Schaumburg plant was 
negligible during the relevant period.

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 1st day of October, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-25786 Filed 10-9-02; 8:45 am]
BILLING CODE 4510-30-P