[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Notices]               
[Page 40297]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy03-113]                         

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-50,432]

 
Angus Consulting Management, Inc., a Wholly-Owned Subsidiary of 
Angus Consulting Management, Ltd., Alpharetta, Georgia; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application postmarked March 14, 2003, 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 applicable to workers of Angus Consulting Management, 
Inc., a wholly-owned subsidiary of Angus Consulting Management, Ltd., 
Columbus, Ohio was signed on January 27, 2003, and published in the 
Federal Register on February 24, 2003 (68 FR 8619).
    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 TAA petition was filed on behalf of workers at Angus Consulting 
Management, Inc., a wholly-owned subsidiary of Angus Consulting 
Management, Ltd., Columbus, Ohio engaged in activities related to 
facility management services (operating a boiler plant). The petition 
was denied because the petitioning workers did not produce an article 
within the meaning of section 222(3) of the Act.
    The petitioners imply that their layoffs were exclusively 
attributed to the decision of an unaffiliated firm's decision to shift 
production to Canada and that, consequently, the petitioning workers 
should be eligible for trade adjustment assistance.
    The fact that service workers are dependant on the production of 
another facility that may be eligible for trade adjustment assistance 
does not automatically make the service workers eligible for TAA. 
Before service workers can be considered eligible for TAA, they must be 
in direct support of an affiliated TAA certified facility. This is not 
the case for the workers at Angus Consulting Management, Inc.
    The petitioners allege that they should be considered eligible for 
TAA under a certification for workers at Lucent Technologies, Columbus 
Works, Columbus, Ohio (TA-W-40,256), as, prior to their employ at Angus 
Consulting Management, they worked at the trade certified firm.
    Worker eligibility that is determined by layoffs that occurred at a 
firm that precedes the last place of employment is determined by the 
state on an individual basis to determine if the worker(s) meet the 
various factors under the existing certification during the relevant 
period.
    Only in very limited instances are service workers certified for 
TAA, namely the worker separations must be caused by a reduced demand 
for their services from a parent or controlling firm or subdivision 
whose workers produce an article and who are currently under 
certification for TAA.

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 18th day of June, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-16888 Filed 7-3-03; 8:45 am]

BILLING CODE 4510-30-P