[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Notices]
[Page 20646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-861]



[[Page 20646]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,778]


Park-Ohio, Inc., Geneva Rubber Division, Geneva, OH; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of January 31, 2004, the United Steelworkers of 
America, Local Union 905L 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 January 
12, 2004, and published in the Federal Register on February 6, 2004 (69 
FR 5866).
    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 TAA petition, filed on behalf of workers at Park-Ohio, Inc., 
Geneva Rubber Division, Geneva, Ohio engaged in the production of 
conduits and grommets, was denied because criterion (2) was not met. 
Companywide sales and production of conduits and grommets increased in 
2002 compared to 2001 and further increased in January-November 2003 
compared to the same period in 2002. In addition, Park-Ohio, Inc. 
shifted production of conduits and grommets from the subject facility 
to another domestic location.
    In the request for reconsideration, the union alleged that sales 
and production at the subject facility could not have increased in 
2003, because production in Geneva, Ohio was terminated in June of 
2003.
    It was determined during the original investigation that Park-Ohio, 
Inc., Geneva Rubber Division, Geneva, Ohio did indeed stop its 
production in June of 2003. However, all production from this facility 
was transferred to a new facility in Cleveland, Ohio. The company 
official was requested to provide companywide sales and production 
figures for injection rubber molded products which combined both Geneva 
and Cleveland facilities. Analysis of this data determined that sales 
and production at Park-Ohio, Inc. increased during the relevant period.
    The union official also alleges that Park-Ohio, Inc. did not shift 
production from the subject facility domestically, but is shifting it 
to China and Mexico.
    Upon further review of the original investigation and petitioner's 
correspondence it was revealed that the same union representative who 
signed a request for reconsideration, also filed the petition for TAA. 
In the letter attached with the original petition, the union 
representative states that ``* * * Park-Ohio Industries illegally moved 
our work to another facility in Cleveland * * *'', which contradicts 
the petitioner's later allegations that there was no domestic shift in 
production. Furthermore, the Department received several statements 
from the company official of Park-Ohio, Inc. that confirm all 
production of conduits and grommets was shifted from the subject 
facility to a new facility in Cleveland, Ohio.

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 in Washington, DC, this 26th day of March, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E4-861 Filed 4-15-04; 8:45 am]
BILLING CODE 4510-13-P