[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Notices]
[Page 42431-42432]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au07-114]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-58,984]
Independent Steel Castings Company, New Buffalo, MI; Notice of
Revised Determination of Alternative Trade Adjustment Assistance on
Remand
On July 10, 2007, the U.S. Court of International Trade (USCIT)
remanded to the U.S. Department of Labor (Department) Former Employees
of Independent Steel Castings Company, Inc. v. United States Department
of Labor, Court No. 06-00338. In its order, the USCIT directed the
Department to acquire additional information on criterion two of the
Alternative Trade Adjustment Assistance (ATAA) program (whether the
adversely affected workers in the petitioning workers' firm possess job
skills that are not easily transferable to other employment).
The Department's determination regarding the subject workers'
eligibility to apply for Trade Adjustment Assistance (TAA) and
ineligibility to apply for Alternative Trade Adjustment Assistance
(ATAA) was issued on June 16, 2006. The Department's Notice of
determination was published in the Federal Register on July 14, 2006
(71 FR 40157). The determination stated that of the three criteria used
to assess eligibility for ATAA --(1) Significant number of adversely
affected workers age 50 or over; (2) whether workers possess skills
that are easily transferable; and (3) whether competitive conditions
within the workers' industry are adverse--workers at the subject firm
had not satisfied the second criterion because they possessed skills
that were easily transferable. The subject workers had been engaged in
the production of investment castings (i.e. steel, aluminum and bronze
castings). The subject firm closed May 2005.
The petitioner, the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America (UAW),
requested administrative reconsideration of the negative ATAA
determination. The request alleged that the county in which the subject
firm is located ``has not seen any significant employment growth in the
last four years'' and has a high unemployment rate.
By a letter dated July 31, 2006, the Department denied the request
for reconsideration, stating that the UAW had not presented evidence
that the Department had erred in its interpretation of facts or of the
law. The letter also outlined the Department's ATAA investigation
methodology--Training and Employment Guidance Letter No. 2-03 (TEGL 2-
03)--and stated that the UAW's allegations were insufficient to satisfy
ATAA criterion two (whether workers possess skills that are easily
transferable).
In the complaint, the Plaintiffs alleged that the separated workers
did not possess skills that are easily transferable; that the
Department ``relied on conclusory assertions'' provided by the subject
firm ``while ignoring evidence presented by the Union;'' and that the
Department ``relied on unverified information'' provided by the subject
firm official.
While the USCIT upheld the Department's position that it was
reasonable for the Department to rely on information provided by a
knowledgeable subject firm official, the USCIT found that the
Department's conclusion on ATAA criterion two was not supported by
substantial evidence. Accordingly, the USCIT remanded the matter to the
Department for further investigation and a redetermination of the
subject workers' ATAA eligibility.
During the remand investigation, the Department contacted the
Plaintiffs' counsel to obtain the position descriptions and lists of
skill sets of each of the separated workers. The Department also
attempted to contact the subject firm official who provided the
Department information during the initial investigation to obtain more
information regarding the workers' skills and the skills required to
gain new employment in the New Buffalo, Michigan local commuting area.
In addition, the Department surveyed companies in the New Buffalo,
Michigan local commuting area to determine whether their jobs required
the same skills as those which the subject workers possessed.
As a result of the remand investigation, the Department finds that
workers at the subject firm do not possess skills that are easily
transferable. Accordingly, the workers have satisfied criterion two.
Further, the Department finds that at least five percent of the
workforce at the subject firm is at least fifty years of age and that
competitive conditions within the industry are adverse. Therefore, the
Department has concluded that all three ATAA criteria have been met.
Conclusion
After careful review of the additional facts obtained on remand, I
conclude that the requirements of section 246 of the Trade Act of 1974,
as amended, have been met for workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
``All workers of Independent Steel Castings Company, New
Buffalo, Michigan, who became totally or partially separated from
employment on or after March 2, 2005
[[Page 42432]]
through June 16, 2008 are eligible to apply for adjustment
assistance under section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance under
section 246 of the Trade Act of 1974.''
Signed in Washington, DC, this 19th day of July, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-14998 Filed 8-1-07; 8:45 am]
BILLING CODE 4510-FN-P