[Federal Register: October 5, 2007 (Volume 72, Number 193)]
[Notices]
[Page 57070]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc07-77]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-61,821]
Hanes Brands Incorporated, Forest City, NC; Notice of Negative
Determination Regarding Application for Reconsideration
By application of August 27, 2007, 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 was signed on July 25, 2007 and published in the Federal
Register on August 9, 2007 (72 FR 44866).
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 TAA petition filed on behalf of workers at Hanes Brands
Incorporated, Forest City, North Carolina engaged in the production of
fleece and Jersey fabric, was denied based on the findings that during
the relevant time period, the subject company did not separate or
threaten to separate a significant number or proportion of workers, as
required by Section 222 of the Trade Act of 1974.
In the request for reconsideration, the petitioner states that
there was a significant decrease in employment at the subject firm in
the past few years and that the subject firm replaces workers who have
left the company by temporary labor.
The company official was contacted to verify employment numbers at
the subject firm. When assessing eligibility for TAA, the Department
exclusively considers the relevant employment data (for one year prior
to the date of the petition and any imminent layoffs) for the facility
where the petitioning worker group was employed. The company official
confirmed what was established during the initial investigation.
Production and salaried worker employment at the subject firm has
increased from 2005 to 2006 and from January through June of 2007 when
compared with the same period in 2006. Furthermore, the company
official clarified that the subject firm does hire temporary workers in
the times of increased demand. However, the employment numbers provided
by the company official in the initial investigation do not reflect
temporary workers.
Should conditions change in the future, the petitioner is
encouraged to file a new petition on behalf of the worker group which
will encompass an investigative period that will include these changing
conditions.
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 28th day of September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-19726 Filed 10-4-07; 8:45 am]
BILLING CODE 4510-FN-P