[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Page 52584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14725]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,227]


The York Group Metal Casket Assembly Matthews Casket Division, a 
Subsidiary of Matthews International, Marshfield, MO; Notice of 
Negative Determination on Reconsideration

    On July 12, 2006, the Department issued an Affirmative 
Determination Regarding Application on Reconsideration applicable to 
workers and former workers of the subject firm. The notice was 
published in the Federal Register on July 25, 2006 (71 FR 42128).
    The Department initially denied Trade Adjustment Assistance to 
workers of The York Group Metal Casket Assembly, Matthews Casket 
Division, a subsidiary of Matthews International, Marshfield, Missouri, 
based on criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) of the group 
eligibility requirements of Section 222 of the Trade Act of 1974, as 
amended, not being met: A significant number or proportion of the 
workers in such workers' firm, or an appropriate subdivision of the 
firm, have become totally or partially separated, or are threatened to 
become totally or partially separated. The workers at the subject firm 
are engaged in employment related to the production of metal caskets.
    The petitioner indicated that the Department of Labor did not 
consider the loss of wages and hours of the worker group in the initial 
investigation. The petitioner also indicated that the Department should 
request the Affirmative Action Plan for 2004, 2005, and 2006, thus far, 
from the company for the subject firm, specifying weekly production 
numbers and weekly hours. The petitioner believes this Plan will reveal 
that five percent of the workforce was affected by layoffs and 
decreased hours.
    The Department, upon the request of the petitioner, acquired 
additional information as it pertains to workers' hours and wages 
during the relevant period. That data was not requested during the 
initial investigation. The Department also revisited the subject firm's 
employment numbers for the relevant period. The additional data 
obtained from the company revealed that the subject firm 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.
    The petitioner's statement regarding loss of hours and wages does 
not meet the definition of partial separations, defined as the worker's 
hours of work have been reduced to 80 percent or less of the worker's 
average weekly hours at the firm or appropriate subdivision thereof, 
and the worker's wages have been reduced to 80 percent or less of the 
worker's average weekly wage at the firm or appropriate subdivisions 
thereof, as set forth by the trade regulations.
    The company official provided information showing that the average 
wage rate, not considering average overtime, has increased during the 
relevant period. Additionally, as it pertains to hours, no workers were 
placed on a reduced, less than 40 hours per week for more than two 
consecutive weeks, work schedule during the relevant period. 
Furthermore, employment as the subject firm still revealed an 
insignificant percentage of separations, as defined by the criteria 
(a)(2)(A)(I.A) and (a)(2)(B)(II.A), during the scope of the initial 
investigation; therefore, the group eligibility requirement was not 
met. If conditions change, the petitioners may reapply for Trade 
Adjustment Assistance group eligibility.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of The York Group Metal Casket Assembly, 
Matthews Casket Division, a subsidiary of Matthews International, 
Marshfield, Missouri.

    Signed at Washington, DC this 28th day of August 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-14725 Filed 9-5-06; 8:45 am]
BILLING CODE 4510-30-P