[Federal Register Volume 72, Number 203 (Monday, October 22, 2007)]
[Notices]
[Pages 59554-59555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20726]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,877]


Family Entertainment dba Sherwood Forest Family Golf, Conyers, 
GA; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application postmarked September 6, 2007, 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 applicable to workers of Family Entertainment, dba 
Sherwood Forest Family Golf, Conyers, Georgia was signed on August 22, 
2007 and published in the Federal Register on September 11, 2007 (72 FR 
51845).
    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 filed on behalf of workers at Family 
Entertainment, dba Sherwood Forest Family Golf, Conyers, Georgia 
engaged in activities related to the operation of an amusement park was 
denied because the petitioning workers did not produce an article 
within the meaning of section 222 of the Act.
    The petitioner contends that the Department erred in its 
interpretation of work performed at the subject facility as 
``activities related to operating an amusement park'' and further 
conveys that workers of the subject firm were not employees of the 
amusement park, but were rather workers of the Marketing Division.
    A company official was contacted for clarification in regard to the 
nature of the work performed at the subject facility. The official 
stated that Family Entertainment, dba Sherwood Forest Family Golf, 
Conyers, Georgia operates an amusement park, where the following 
entertainment services are provided: putt-putt golf, a raceway of go-
karts, bumper boats, bumper carts, batting cages and an arcade. The 
official clarified that Sherwood Forest does not use divisions and that 
employees of the subject firm ``work counters at golf desk or 
concessions, operate rides by taking tickets, administering 
instructions, assisting patrons into moving rides and monitoring 
throughout the length of the ride.''
    The official further stated that two petitioning workers were hired 
as sales agents to try a new promotional program in August 2006. These 
employees sold Everything Goes passes and performed promotional 
activities for the amusement park by ``handing out flyers to whomever 
they choose to solicit.'' The official stated that even though these 
two workers were ``on foot advertising/promotional type employees'' and 
were not required to be stationary at the place of business, and were 
paid commission along with a

[[Page 59555]]

salary, they were employees of Sherwood Forest Family Golf and 
performed services supporting business and activities of the amusement 
park.
    The petitioner further alleges that the petitioning workers 
``produced and mass produced items such as flyers, pamphlets, guides, 
rule books, manuals, instruction sets'' etc. The petitioner stated that 
``he was in charge of production strategies/marketing of many 
promotional items''.
    The company official clarified that the petitioning workers ``in no 
way produced, created, designed nor mass produced'' any of the above 
mentioned articles for the subject firm. The official stated that 
Family Entertainment has a management team which completes all these 
tasks and that the petitioning workers were only in charge of the way 
they sold Everything Goes passes and distributed flyers.
    To support his allegations, the petitioner enclosed a copy of the 
Georgia Department of Labor Unemployment Claims Examiner's 
Determination which states that the reason behind the petitioner's 
separation from the subject firm was a lack of work, and a stub 
reflecting information concerning the final unemployment check. For the 
purposes of this investigation, these documents do not contain any 
evidence that the workers of the subject firm created an article and 
that there was a shift in production of an article by the subject firm 
abroad.
    The petitioner also enclosed various flyers, brochures, coupons, 
pass cards and promotional advertisements and stated that workers of 
the subject firm created and produced these articles.
    The company official verified that these pass cards, coupons and 
advertisements were designed by the subject firm's previous manager and 
were prepared and sent to a professional local printing company. The 
official further confirmed that the rest of the promotional material 
was typed as a word document and printed on a computer printer by the 
administrative staff of either Family Entertainment or another domestic 
company, Atlanta Cutlery. The administrative employees of the subject 
firm continue to perform these functions to support and promote 
business activities of the amusement park.
    The petitioner further alleges that the subject firm shifted 
production of the articles to India and ``the fact that these articles 
are no longer produced here is the reason that we are no longer 
employed''. To support these allegations, the petitioner enclosed 
copies of handwritten ``Weekly Sales Report'' and ``Business Contact 
Form'' stating that the workers performed telemarketing calls and that 
these tasks are now performed in India.
    The company official stated that Family Entertainment dba Sherwood 
Forest did not shift any job functions to India and is not importing 
any articles from the foreign source. The official further stated that 
``the only relation Family Entertainment has with India is the fact 
that it is owned by a U.S. Citizen from India'' and that the previous 
manager of the subject firm who is no longer affiliated with the 
company, resides in India with his family at the present time. The 
company official confirmed that the subject firm is in the business of 
entertainment services and whatever printed material might be designed 
or produced by the administrative staff of the subject firm as 
incidental to these services continues to be designed and produced by 
the subject firm or other domestic companies.
    The company official further stated that the petitioning workers 
were separated from the subject firm after the management evaluated the 
promotional program and made a decision to discontinue the program due 
to low profitability.
    In the request for reconsideration, the petitioner doubts the 
accuracy of the information provided by Family Entertainment.
    The Department has no evidence that would suggest that the 
officials of the Family Entertainment had any reason to mislead the 
investigation or that they had any interest in the outcome of this 
determination that might have been adverse to the former employees of 
the subject firm.

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 16th day of October 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-20726 Filed 10-19-07; 8:45 am]
BILLING CODE 4510-FN-P