[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Notices]
[Page 26623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10866]



[[Page 26623]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-42,113]


The Wackenhut Corp., San Manuel, AZ; Notice of Revised 
Determination

    In the matter of Former Employees of Wackenhut Corporation v. U.S. 
Secretary of Labor, No. 02-00758, the Department is issuing a revised 
determination to certify workers of the subject firm eligible to apply 
for trade adjustment assistance (TAA).
    Workers of The Wackenhut Corporation, San Manuel, Arizona, were 
working on-site at a copper cathode production facility operated by BHP 
Copper, Inc. in San Manuel, Arizona. The Wackenhut Corporation workers 
were denied eligibility to apply for TAA because they provided security 
services for an unaffiliated firm. All workers of BHP Copper, Inc., San 
Manuel, Arizona, were certified eligible to apply for TAA.
    The Department determined that The Wackenhut Corporation was 
contracted by BHP Copper, Inc. to provide security services at BHP in 
San Manuel, Arizona and other BHP locations. During the contract period 
the leased or contract workers providing a service (Wackenhut) remained 
under the control by the firm producing the article (BHP Copper, Inc.). 
In accordance with a reinterpretation of the Trade Act term workers of 
a firm and the joint employer relationship that existed between 
Wackenhut and BHP Copper, Inc., the Department has determined that 
because all workers of BHP Copper, Inc. in San Manuel, Arizona were 
certified eligible to apply for TAA, the leased or contract employees 
of The Wackenhut Corporation working at that location are also 
adversely affected by increased imports of copper cathodes and the 
closure of the BHP facility.

Conclusion

    After careful review on reconsideration, I determine that increases 
of imports of articles like or directly competitive with copper 
cathodes produced by BHP Copper Inc., San Manuel, Arizona, contributed 
importantly to the total or partial separation of workers and to the 
decline in sales or production at that firm or subdivision.
    In accordance with the provisions of the Act, I make the following 
certification:

    Workers employed by The Wackenhut Corporation, working at BHP 
Copper Inc., San Manuel, Arizona, who became totally or partially 
separated from employment on or after September 4, 2001, through two 
years from the date of this determination, are eligible to apply for 
adjustment assistance under section 223 of the Trade Act of 1974.''

    Signed in Washington, DC, this 4th day of May, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-10866 Filed 5-12-04; 8:45 am]
BILLING CODE 4510-30-P