[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Notices]
[Pages 13018-13019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4668]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,696]


J.J. Peiger Company; Pittsburgh, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of February 15, 2008, 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 January 23, 2008 and published in the 
Federal Register on February 7, 2008 (73 FR 73191).
    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

[[Page 13019]]

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 was filed on behalf of workers at J.J. Peiger 
Company, Pittsburgh, Pennsylvania. The workers were engaged in the 
wholesale distribution of upholstery fabrics and supplies. The denial 
was 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 states that ``in 
the past eight years, a number of JJP employees has dropped from eleven 
to six.'' To support his allegations, the petitioner submitted the 
names of seven employees who were no longer with the company.
    When assessing eligibility for TAA, the Department exclusively 
considers the relevant employment data (for one year prior to the date 
of the petition and any imminent layoffs) for the facility where the 
petitioning worker group was employed.
    The Department contacted the company official to verify employment 
numbers at the subject firm since January 15, 2007 as well as the 
status of the employment of the workers provided by the petitioner in 
the reconsideration request. The company official confirmed that only 
one worker from the list was separated from the subject firm in the 
relevant period. Furthermore, the company official confirmed that 
overall employment did not decline at the subject firm since January 
2007. As employment levels at the subject facility did not decline 
during the relevant time period and there was no threat of separations 
during the relevant period, criterion (1) has not been met. Significant 
number or proportion of the workers in a firm or appropriate 
subdivision means at least three workers in a workforce of fewer than 
50 workers, five percent of the workers in a workforce of over 50 
workers, or at least 50 workers.
    Furthermore, the investigation revealed that the workers of J.J. 
Peiger Company, Pittsburgh, Pennsylvania are engaged in a wholesale 
distribution of upholstery fabrics and supplies. These functions, as 
described above, are not considered production of an article. 
Therefore, workers of the worker group do not produce an article within 
the meaning of Section 222 of the Trade Act of 1974.

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 4th day of March, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-4668 Filed 3-10-08; 8:45 am]
BILLING CODE 4510-FN-P