[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Notices]
[Pages 53766-53767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25157]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,633]


Consuelo E. Kelly, DBA Kelly International U.S.; Overland Park, 
KS; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated September 9, 2009, 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 August 12, 2009 and 
published in the Federal Register on September 22, 2009 (74 FR 48301).
    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 Consuelo E. Kelly, dba Kelly International U.S., Overland Park, 
Kansas was based on the finding that the worker group number threshold 
was not met in accordance with the group eligibility requirements of 
Section 222 of the Trade Act of 1974. Section 222 of the Trade Act 
defines an eligible worker ``group'' as ``three or more workers in a 
firm or an appropriate subdivision.'' As the total worker number at 
Consuelo E. Kelly, Overland Park, Kansas was two in the relevant 
period, the worker group did not meet the group eligibility 
requirements for trade adjustment assistance.
    In the request for reconsideration the petitioner alleged that even 
though the worker group accounted for two employees during the relevant 
period, the number of workers in the worker group should not be a 
determining factor for determining of the Kelly International's 
eligibility for TAA.
    The number of workers in the worker group and number of separated 
workers during the relevant period are elements that are relevant in 
determining workers' eligibility for TAA as established by the Trade 
Act of 1974. This criteria is outlined in the legislation and 
regulations as stated in the determination dated August 12, 2009.
    When assessing eligibility for TAA, the Department exclusively 
considers employment numbers at the subject firm during the relevant 
period (one year prior to the date of the petition). Since the subject 
firm employed only two workers during the relevant period the workers 
do not meet the eligibility requirement of the trade act in the current 
investigation.

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.


[[Page 53767]]


    Signed in Washington, DC, this 29th day of September 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-25157 Filed 10-19-09; 8:45 am]
BILLING CODE 4510-FN-P