[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Notices]
[Page 45476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17886]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,287]


Paulstra CRC Sales Office, Novi, MI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application postmarked July 1, 2008, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on May 19, 2008 and 
published in the Federal Register on June 3, 2008 (73 FR 31716).
    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 negative TAA determination issued by the Department for workers 
of Paulstra CRC, Sales Office, Novi, Michigan was based on the finding 
that the worker group does not produce an article within the meaning of 
Section 222 of the Trade Act of 1974.
    The petitioner stated that the workers of the subject firm were 
Customer Service Representatives and that their job duties directly 
supported production at Paulstra CRC. The petitioner further stated 
that the duties of a Customer Service Representative were to input 
orders, schedule delivery, customer negotiations, price negotiations, 
etc. and that ``without these functions there would not have been any 
production.'' The petitioner alleged that because other facilities of 
Paulstra CRC had been certified eligible for TAA, workers of the Sales 
Office who are engaged in sales and customer support services should be 
certified eligible for TAA.
    A review of the initial investigation confirmed that the workers of 
the subject facility support production at Paulstra CRC, Grand Rapids, 
Michigan, (TA-W-61,908) during the relevant period. The above mentioned 
production facility was certified eligible for adjustment assistance on 
September 24, 2007.
    However, the investigation also revealed that only one worker was 
separated from the Sales Office since April 2007 and there was no 
threat of future separations.
    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. 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. 
Therefore, the subject facility did not meet the threshold of 
employment declines and there was no threat of separations during the 
relevant period.

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 28th day of July 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-17886 Filed 8-4-08; 8:45 am]
BILLING CODE 4510-FN-P