[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Notices]
[Page 44545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19222]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,539]


Divine Brothers Company, Utica, NY, Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of June 1, 2003, the Union of Needletrades, 
Industrial & Textiles Employees, Local 653-T 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 was signed on 
May 6, 2003 and published in the Federal Register on May 19, 2003 (68 
FR 27107).
    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, filed on behalf of workers at Divine Brothers 
Company, Inc., Utica, New York engaged in the production of industrial 
metal finishing products and supplies, was denied because criterion (2) 
was not met. Sales of industrial metal finishing products and supplies 
increased in 2002 compared to 2001 and remained relatively stable in 
January-March 2003 compared to the same period in 2002.
    In the request for reconsideration, the union alleged that the 
closure of the Caster and Wheel Division (Truck Wheel) contributed to 
layoffs.
    A company official stated that the company had made a decision to 
close the abovementioned division and that it closed in May of 2002. 
However, coinciding with the decline and ultimate closure of this 
division, other product lines produced by the company increased, which 
would explain the stable sales figures in the relevant period.
    The union official also supplied information concerning allegations 
of layoffs of this division and bumping rights of employees under union 
agreements.
    The petitioning workers were denied because sales and production 
did not decline in the relevant period, and workers are not separately 
identifiable, thus the information is irrelevant to a reconsideration 
of the original determination.

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 July, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-19222 Filed 7-28-03; 8:45 am]
BILLING CODE 4510-30-P