[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Notices]
[Pages 4937-4938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1134]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-57,700]


Joy Technologies, Inc.; DBA Joy Mining Machinery; Mt. Vernon 
Plant; Mt. Vernon, IL; Notice of Negative Determination on 
Reconsideration

    On November 16, 2005, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The Notice of determination 
regarding Trade Adjustment Assistance (TAA) and Alternative Trade 
Adjustment Assistance (ATAA) was published in the Federal Register on 
December 15, 2005 (70 FR 74373).
    The International Brotherhood of Boilermakers, Iron Ship Builders, 
Blacksmiths, Forgers and Helpers, Local 483, (``Union'') filed a 
petition on behalf of workers producing underground mining machinery 
(i.e. shuttle cars, electrical motors, gearboxes, and armored face 
conveyors) at the subject facility. Workers are not separately 
identifiable by product line.
    The initial investigation revealed that sales and employment at the 
subject facility increased in 2004 from 2003 levels, that sales 
remained stable in January through July 2005 over the corresponding 
2004 period, and that employment increased during January through July 
2005 over the corresponding 2004 period. Company-wide sales increased 
during January through July 2005 from January through July 2005 levels.
    The investigation also revealed that the subject firm did not 
import articles like or directly competitive with those produced at the 
subject firm or shift production abroad. The Department determined that 
the worker separations at the subject firm are attributable to the 
firm's shift in production from the subject facility to another 
domestic production facility.
    In a letter dated November 3, 2005, two workers and the Union 
requested administrative reconsideration. The request stated that the 
subject facility is ``an upstream supplier to the Joy Mining Machinery 
facility'' located in Franklin, Pennsylvania and alleged that component 
production is being shifted to Mexico.
    While the Union had filed the petition as primarily-affected 
(affected by imports or production shift of articles produced at the 
subject facility), the request for reconsideration is based on a 
secondarily-affected position (affected by loss of business as a 
supplier/assembler/finisher of products or components for a TAA 
certified firm). Although the request for reconsideration is beyond the 
scope of the petition, the Department conducted an investigation to 
address the workers' and Union's allegations.
    As part of the reconsideration investigation, the Department 
contacted the petitioning workers, Union representatives, and the 
subject company for additional information and clarification of 
previously-submitted information.
    Joy Mining Machinery, Franklin, Pennsylvania, was certified for TAA 
on January 19, 2000 (expired January 19, 2002). Because the 
investigation revealed that employment, sales and production levels at 
the Franklin, Pennsylvania facility increased during relevant period 
and TAA certification for Joy Mining Machinery, Franklin, Pennsylvania 
had expired prior to the relevant period, the workers cannot be 
certified for TAA as secondarily-affected.
    The reconsideration investigation also revealed that the subject 
company does not have a Mexico facility which produces articles which 
are like or directly competitive with those produced at the subject 
facility, that the work at issue is temporary work which was assigned 
to several subject company facilities (including the Mt. Vernon, 
Illinois facility) to help meet peak demand, and that the ``overflow'' 
work was for the production of articles not normally produced at the 
subject facility. The Department also confirmed that work shifted from 
the subject facility to an affiliated production facility in Kentucky.

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.


[[Page 4938]]


    Signed at Washington, DC, this 19th day of January 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance Assistance.
[FR Doc. E6-1134 Filed 1-27-06; 8:45 am]
BILLING CODE 4510-30-P