[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Notices]
[Pages 42431-42432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14998]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,984]


Independent Steel Castings Company, New Buffalo, MI; Notice of 
Revised Determination of Alternative Trade Adjustment Assistance on 
Remand

    On July 10, 2007, the U.S. Court of International Trade (USCIT) 
remanded to the U.S. Department of Labor (Department) Former Employees 
of Independent Steel Castings Company, Inc. v. United States Department 
of Labor, Court No. 06-00338. In its order, the USCIT directed the 
Department to acquire additional information on criterion two of the 
Alternative Trade Adjustment Assistance (ATAA) program (whether the 
adversely affected workers in the petitioning workers' firm possess job 
skills that are not easily transferable to other employment).
    The Department's determination regarding the subject workers' 
eligibility to apply for Trade Adjustment Assistance (TAA) and 
ineligibility to apply for Alternative Trade Adjustment Assistance 
(ATAA) was issued on June 16, 2006. The Department's Notice of 
determination was published in the Federal Register on July 14, 2006 
(71 FR 40157). The determination stated that of the three criteria used 
to assess eligibility for ATAA --(1) Significant number of adversely 
affected workers age 50 or over; (2) whether workers possess skills 
that are easily transferable; and (3) whether competitive conditions 
within the workers' industry are adverse--workers at the subject firm 
had not satisfied the second criterion because they possessed skills 
that were easily transferable. The subject workers had been engaged in 
the production of investment castings (i.e. steel, aluminum and bronze 
castings). The subject firm closed May 2005.
    The petitioner, the International Union, United Automobile, 
Aerospace and Agricultural Implement Workers of America (UAW), 
requested administrative reconsideration of the negative ATAA 
determination. The request alleged that the county in which the subject 
firm is located ``has not seen any significant employment growth in the 
last four years'' and has a high unemployment rate.
    By a letter dated July 31, 2006, the Department denied the request 
for reconsideration, stating that the UAW had not presented evidence 
that the Department had erred in its interpretation of facts or of the 
law. The letter also outlined the Department's ATAA investigation 
methodology--Training and Employment Guidance Letter No. 2-03 (TEGL 2-
03)--and stated that the UAW's allegations were insufficient to satisfy 
ATAA criterion two (whether workers possess skills that are easily 
transferable).
    In the complaint, the Plaintiffs alleged that the separated workers 
did not possess skills that are easily transferable; that the 
Department ``relied on conclusory assertions'' provided by the subject 
firm ``while ignoring evidence presented by the Union;'' and that the 
Department ``relied on unverified information'' provided by the subject 
firm official.
    While the USCIT upheld the Department's position that it was 
reasonable for the Department to rely on information provided by a 
knowledgeable subject firm official, the USCIT found that the 
Department's conclusion on ATAA criterion two was not supported by 
substantial evidence. Accordingly, the USCIT remanded the matter to the 
Department for further investigation and a redetermination of the 
subject workers' ATAA eligibility.
    During the remand investigation, the Department contacted the 
Plaintiffs' counsel to obtain the position descriptions and lists of 
skill sets of each of the separated workers. The Department also 
attempted to contact the subject firm official who provided the 
Department information during the initial investigation to obtain more 
information regarding the workers' skills and the skills required to 
gain new employment in the New Buffalo, Michigan local commuting area. 
In addition, the Department surveyed companies in the New Buffalo, 
Michigan local commuting area to determine whether their jobs required 
the same skills as those which the subject workers possessed.
    As a result of the remand investigation, the Department finds that 
workers at the subject firm do not possess skills that are easily 
transferable. Accordingly, the workers have satisfied criterion two. 
Further, the Department finds that at least five percent of the 
workforce at the subject firm is at least fifty years of age and that 
competitive conditions within the industry are adverse. Therefore, the 
Department has concluded that all three ATAA criteria have been met.

Conclusion

    After careful review of the additional facts obtained on remand, I 
conclude that the requirements of section 246 of the Trade Act of 1974, 
as amended, have been met for workers at the subject firm. In 
accordance with the provisions of the Act, I make the following 
certification:

    ``All workers of Independent Steel Castings Company, New 
Buffalo, Michigan, who became totally or partially separated from 
employment on or after March 2, 2005

[[Page 42432]]

through June 16, 2008 are eligible to apply for adjustment 
assistance under section 223 of the Trade Act of 1974, and are also 
eligible to apply for alternative trade adjustment assistance under 
section 246 of the Trade Act of 1974.''

    Signed in Washington, DC, this 19th day of July, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-14998 Filed 8-1-07; 8:45 am]
BILLING CODE 4510-FN-P