[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Notices]
[Page 8624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4287]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,987]


Alcoa Wenatchee Works, A Division of Alcoa, Inc., Malaga, WA; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated November 18, 2002, the Wenatchee Aluminum 
Trade Council requested 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. The Notice of Termination of Investigation 
was signed on October 18, 2002 and published in the Federal Register on 
November 5, 2002 (67 FR 67423).
    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.
    The petition for the workers of Alcoa Wenatchee Works, a division 
of Alcoa, Inc., Malaga, Washington engaged in the production of 
aluminum was terminated based on the plant ceasing production of 
aluminum in July 2001, more than one year prior to the August 1, 2002, 
date of the petition.
    The petitioner on reconsideration questions the exact findings that 
the facility ceased production in July 2001.
    The Department of Labor's Notice of Negative Determination 
Regarding Application for Reconsideration pertains to the impacted 
worker group producing aluminum cited in the petition. It was 
determined that the company ceased production of aluminum on July 1, 
2001, more than one year prior to the date of the petition, August 1, 
2002. Contact with the company confirmed that production of aluminum 
ceased on July 1, 2001. As such, layoffs occurring after August 1, 2001 
cannot be attributable to the cessation of aluminum production as it 
had already occurred at least one month earlier.
    The petitioners also infer that we erred in our use of Section 
223(b)(1) referencing it to the ceased production date.
    We do not agree that there was an error made in our use of Section 
223(b)(1). The termination notice states ``Section 223(b)(1) of the 
Trade Act of 1974 provides that a TAA certification may not apply to a 
worker whose separation from employment occurred more than one year 
prior to the date the petition was filed on behalf of affected 
workers.'' As noted above, since production ceased more than a year 
prior to the petition date, workers separated subsequent to July 2001 
would not have been engaged in the production of aluminum when 
separated.
    The petitioner on reconsideration further indicates that they are 
asking for reconsideration of laid-off workers after August 1, 2001.
    The initial investigation addressed the group of workers as stated 
in the petition and thus the investigation was conducted for the 
workers engaged in the production of aluminum. In conducting the 
initial investigation the Department was aware that the plant remained 
open due to a contract agreement that required that Alcoa maintain at 
least 400 employees. The Department was also aware that a portion of 
the workforce began producing carbon anode blocks for another Alcoa 
Aluminum plant, while that plant rebuilds their anode baking facility. 
The carbon blocks act as a sacrificial anode in the aluminum production 
process, so most of the aluminum smelters, including Wenatchee Works, 
have such a production facility. The major contributing factor leading 
to the layoffs at the subject firm was the curtailment of aluminum 
production. Neither of the activities as described above led to the 
aluminum worker layoffs for which the investigation was conducted. In 
any event, if employment declines or threat of layoffs occurred 
relating to the worker groups engaged in the production of carbon 
blocks and/or electricity, a petition for Trade Adjustment Assistance 
may be filed on their behalf.

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. 03-4287 Filed 2-21-03; 8:45 am]
BILLING CODE 4510-30-P