[Federal Register Volume 70, Number 112 (Monday, June 13, 2005)]
[Notices]
[Page 34158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3030]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,701]


Twigs & Ivy Boutique, Potosi, MO; Negative Determination 
Regarding Application for Reconsideration

    By application of April 14, 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 Trade Adjustment Assistance (TAA). The 
denial notice was signed on May 2, 2005, (70 FR 22710).
    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, which was filed on behalf of workers at Twigs & 
Ivy Boutique, Potosi, Missouri engaged in the production of floral 
arrangements, was denied based on the findings that during the relevant 
time period, the subject company did not separate or threaten to 
separate a significant number or proportion of workers, as required by 
Section 222 of the Trade Act of 1974.
    In the request for reconsideration, the petitioner alleges that 
there was an additional employee of Twigs & Ivy Boutique who was 
mistakenly omitted from the employment list originally submitted to the 
Department by the company official.
    This alleged employee was contacted by the Department to confirm 
the above statement. The employee stated that she worked for Twigs & 
Ivy Boutique, Potosi, Missouri in 2002.
    When assessing eligibility for TAA, the Department exclusively 
considers the relevant employment data for the facility where the 
petitioning worker group was employed. The relevant period represents 
four quarters back from the date of the petition, thus data from 2002 
is irrelevant in this investigation. As fewer than three workers were 
impacted at the subject firm during the relevant time period, 
employment threshold requirement as outlined in Section 222 of the 
Trade Act of 1974 was not met.

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 27th day of May, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-3030 Filed 6-10-05; 8:45 am]
BILLING CODE 4510-30-P