[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Notices]
[Page 20646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap04-90]
[[Page 20646]]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-53,778]
Park-Ohio, Inc., Geneva Rubber Division, Geneva, OH; Notice of
Negative Determination Regarding Application for Reconsideration
By application of January 31, 2004, the United Steelworkers of
America, Local Union 905L 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 was signed on January
12, 2004, and published in the Federal Register on February 6, 2004 (69
FR 5866).
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, filed on behalf of workers at Park-Ohio, Inc.,
Geneva Rubber Division, Geneva, Ohio engaged in the production of
conduits and grommets, was denied because criterion (2) was not met.
Companywide sales and production of conduits and grommets increased in
2002 compared to 2001 and further increased in January-November 2003
compared to the same period in 2002. In addition, Park-Ohio, Inc.
shifted production of conduits and grommets from the subject facility
to another domestic location.
In the request for reconsideration, the union alleged that sales
and production at the subject facility could not have increased in
2003, because production in Geneva, Ohio was terminated in June of
2003.
It was determined during the original investigation that Park-Ohio,
Inc., Geneva Rubber Division, Geneva, Ohio did indeed stop its
production in June of 2003. However, all production from this facility
was transferred to a new facility in Cleveland, Ohio. The company
official was requested to provide companywide sales and production
figures for injection rubber molded products which combined both Geneva
and Cleveland facilities. Analysis of this data determined that sales
and production at Park-Ohio, Inc. increased during the relevant period.
The union official also alleges that Park-Ohio, Inc. did not shift
production from the subject facility domestically, but is shifting it
to China and Mexico.
Upon further review of the original investigation and petitioner's
correspondence it was revealed that the same union representative who
signed a request for reconsideration, also filed the petition for TAA.
In the letter attached with the original petition, the union
representative states that ``* * * Park-Ohio Industries illegally moved
our work to another facility in Cleveland * * *'', which contradicts
the petitioner's later allegations that there was no domestic shift in
production. Furthermore, the Department received several statements
from the company official of Park-Ohio, Inc. that confirm all
production of conduits and grommets was shifted from the subject
facility to a new facility in Cleveland, Ohio.
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 26th day of March, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E4-861 Filed 4-15-04; 8:45 am]
BILLING CODE 4510-13-P