[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Page 65410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26051]



[[Page 65410]]

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,958]


American Parts & Services, Inc.; Schaumburg, IL; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated October 14, 2008, a company official 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 September 17, 2008, and 
published in the Federal Register on October 3, 2008 (73 FR 57682).
    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 negative TAA determination issued by the Department for workers 
of American Parts & Services, Inc., Schaumburg, Illinois, 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.
    In the request for reconsideration the petitioner indicates a 
number of reasons as to why she should be eligible for TAA. In 
particular, the petitioner stated that the subject firm subcontracted 
independent workers to perform value added production functions on the 
parts purchased by the subject firm. The petitioner seems to allege 
that because the workers were sub-contracted to perform production for 
the subject firm, they should be considered as employees of the subject 
firm and, therefore, eligible for Trade Adjustment Assistance.
    To determine whether these subcontracted workers were employees of 
the subject firm, on-site leased workers, or workers under the control 
of the subject firm and whether the worker group produced an article 
during the relevant period, the Department contacted the subject firm's 
company official and requested employment figures and all relevant 
contractual agreements between the subject firm and sub-contracting 
workers for the relevant employment data (for one year prior to the 
date of the petition).
    The company official stated that the subcontractors utilized by the 
subject firm during the relevant period were not employees of American 
Parts & Services, Inc., Schaumburg, Illinois, and they were not leased 
workers employed on-site of the subject facility. Moreover, it was 
revealed that these independent contractors had no contractual 
agreements with the subject firm. The investigation revealed that there 
was only one worker employed by the subject firm in the relevant 
period.
    A review of the initial petition and determination revealed the 
fact that the firm did not employ a worker group during the one year 
period prior to the petition filing date, as required by Section 222 of 
the Trade Act of 1974. A worker group means three or more workers in a 
firm or appropriate subdivision. The subject firm did not meet this 
threshold level. The investigation also revealed that the subject firm 
does not produce an article within the meaning of Section 222(a)(2) of 
the Act.
    When assessing eligibility for TAA, the Department makes its 
determinations based on the requirements as outlined in Section 222 of 
the Trade Act. In particular, the Department defines an eligible worker 
``group'' as ``three or more workers in a firm or an appropriate 
subdivision thereof.'' As subject firm's total worker number was one in 
the relevant period, the worker does not meet the group eligibility 
requirements for trade adjustment assistance.
    After careful review of the information provided on 
reconsideration, it was revealed that American Parts & Services, Inc., 
Schaumburg, Illinois, resells parts for sheet metal equipment and 
subcontracts repair services. Moreover, a review of the records 
provided by the company official established that only one worker was 
employed by the subject firm 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 22nd day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-26051 Filed 10-31-08; 8:45 am]
BILLING CODE 4510-FN-P