[Federal Register Volume 70, Number 64 (Tuesday, April 5, 2005)]
[Notices]
[Pages 17263-17264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1526]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,365]


Glad Manufacturing; Cartersville, GA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of March 2, 2005, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Alternative Trade Adjustment Assistance 
(ATAA).
    The workers of Glad Manufacturing, Cartersville, Georgia were 
certified eligible to apply for Trade Adjustment Assistance (TAA) and 
denied to apply for ATAA on February 3, 2005. The

[[Page 17264]]

denial notice was published in the Federal Register on March 9, 2005 
(70 FR 11706).
    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 group eligibility criteria for the ATAA program that the 
Department must consider under Section 246 of the Trade Act are:
    1. Whether a significant number of workers in the workers' firm are 
50 years of age or older.
    2. Whether the workers in the workers' firm possess skills that are 
not easily transferable.
    3. The competitive conditions within the workers' industry (i.e., 
conditions within the industry are adverse).
    The initial ATAA investigation determined that the skills of the 
subject worker group are easily transferable to other positions in the 
local area.
    In the request for reconsideration, the petitioner alleges that the 
separated group of workers who are 50 years and older includes 
employees whose skills are very limited and not easily transferable to 
other positions.
    The Department conducted additional investigation and contacted 
company official to determine workers' eligibility for ATAA. Based on 
the company official's statements it was revealed that there are 
several existing and new manufacturing facilities within the commuting 
area, which are in the process of hiring workers with skills similar to 
those possessed by the subject worker group. Consequently, the 
investigation confirmed that workers' skills are easily transferable to 
other companies.

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 22nd day of March, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1526 Filed 4-4-05; 8:45 am]
BILLING CODE 4510-30-P