[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Notices]
[Pages 8623-8624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4286]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,880]


Affiliated Building Services, Biscoe, North Carolina; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated October 2, 2002, a company official requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of Affiliated Building Services, 
Biscoe, North Carolina was signed on September 9, 2002, and published 
in the Federal Register on September 27, 2002 (67 FR 61160).
    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 TAA petition was filed on behalf of workers at Affiliated 
Building Services, Biscoe, North Carolina engaged in activities related 
to the maintenance of building systems (heating, cooling, air 
compressors). The petition was denied because the petitioning workers 
did not produce an article within the meaning of Section 222(3) of the 
Act.
    To support its request for reconsideration, the petitioners 
provided a more detailed description of the functions performed at the 
subject facility.
    A review of the job duties and their relationship to production of 
products revealed that the expanded description did not vary from the 
functions described in the initial investigation: maintenance of 
building systems, including heating, cooling and air compressors.
    Only in very limited instances are service workers certified for 
TAA, namely the worker separations must be caused by a reduced demand 
for their services from a parent or controlling firm or subdivision 
whose workers

[[Page 8624]]

produce an article and who are currently under certification for TAA.
    In conclusion, the petitioning workers at the subject firm did not 
produce an article within the meaning of Section 222(3) of the Trade 
Act of 1974, nor were separations caused by a reduced demand for their 
services from a parent or controlling firm or subdivision whose workers 
produced an article and who are currently under certification for TAA.

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 11th day of February, 2003.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-4286 Filed 2-21-03; 8:45 am]
BILLING CODE 4510-30-P