[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Page 34048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13405]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,832]


GAF Materials Corporation, Quakertown, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated May 5, 2008, International Association of 
Machinists and Aerospace Workers, District 1 requested administrative 
reconsideration of the Department's negative determination regarding 
eligibility to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA), applicable to workers 
and former workers of the subject firm. The denial notice was signed on 
March 26, 2008 and published in the Federal Register on April 11, 2008 
(73 FR 19900).
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The initial investigation resulted in a negative determination was 
based on the finding that imports of residential roofing materials did 
not contribute importantly to worker separations at the subject 
facility and there was no shift of production to a foreign country. The 
subject firm did not import residential roofing materials during the 
relevant period. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's declining domestic 
customers. A survey conducted by the Department of Labor revealed that 
major customers did not purchase imported residential roofing materials 
during 2006, 2007 and during the January through February 2008 period.
    The petitioner indicates that ``The workers produced asphaltic 
roofing materials and that the sales and employment at the firm 
declined during the relevant period.''
    Since the worker group was denied on the fact that imports did not 
contribute importantly to the layoffs at the subject firm and no shift 
of production to a foreign source occurred, the information provided by 
the petitioner in the request for reconsideration does not help to 
satisfy the criteria necessary for certification for TAA.
    The request for reconsideration also appears to address workers 
eligibility for ATAA. The petitioner states that ``a significant number 
of employees at this location are 50 or older and do not possess skills 
that are easily transferable.''
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the worker group must be certified eligible to apply 
for trade adjustment assistance (TAA). Since the workers are denied 
eligibility to apply for TAA, the workers cannot be certified eligible 
for ATAA.
    The Union did not supply facts not previously considered; nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

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 in Washington, DC, this 4th day of June, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-13405 Filed 6-13-08; 8:45 am]
BILLING CODE 4510-FN-P