[Federal Register: October 22, 2007 (Volume 72, Number 203)]
[Notices]
[Page 59554-59555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc07-97]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-61,877]
Family Entertainment dba Sherwood Forest Family Golf, Conyers,
GA; Notice of Negative Determination Regarding Application for
Reconsideration
By application postmarked September 6, 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 applicable to workers of Family Entertainment, dba
Sherwood Forest Family Golf, Conyers, Georgia was signed on August 22,
2007 and published in the Federal Register on September 11, 2007 (72 FR
51845).
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 Family
Entertainment, dba Sherwood Forest Family Golf, Conyers, Georgia
engaged in activities related to the operation of an amusement park was
denied because the petitioning workers did not produce an article
within the meaning of section 222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as
``activities related to operating an amusement park'' and further
conveys that workers of the subject firm were not employees of the
amusement park, but were rather workers of the Marketing Division.
A company official was contacted for clarification in regard to the
nature of the work performed at the subject facility. The official
stated that Family Entertainment, dba Sherwood Forest Family Golf,
Conyers, Georgia operates an amusement park, where the following
entertainment services are provided: putt-putt golf, a raceway of go-
karts, bumper boats, bumper carts, batting cages and an arcade. The
official clarified that Sherwood Forest does not use divisions and that
employees of the subject firm ``work counters at golf desk or
concessions, operate rides by taking tickets, administering
instructions, assisting patrons into moving rides and monitoring
throughout the length of the ride.''
The official further stated that two petitioning workers were hired
as sales agents to try a new promotional program in August 2006. These
employees sold Everything Goes passes and performed promotional
activities for the amusement park by ``handing out flyers to whomever
they choose to solicit.'' The official stated that even though these
two workers were ``on foot advertising/promotional type employees'' and
were not required to be stationary at the place of business, and were
paid commission along with a
[[Page 59555]]
salary, they were employees of Sherwood Forest Family Golf and
performed services supporting business and activities of the amusement
park.
The petitioner further alleges that the petitioning workers
``produced and mass produced items such as flyers, pamphlets, guides,
rule books, manuals, instruction sets'' etc. The petitioner stated that
``he was in charge of production strategies/marketing of many
promotional items''.
The company official clarified that the petitioning workers ``in no
way produced, created, designed nor mass produced'' any of the above
mentioned articles for the subject firm. The official stated that
Family Entertainment has a management team which completes all these
tasks and that the petitioning workers were only in charge of the way
they sold Everything Goes passes and distributed flyers.
To support his allegations, the petitioner enclosed a copy of the
Georgia Department of Labor Unemployment Claims Examiner's
Determination which states that the reason behind the petitioner's
separation from the subject firm was a lack of work, and a stub
reflecting information concerning the final unemployment check. For the
purposes of this investigation, these documents do not contain any
evidence that the workers of the subject firm created an article and
that there was a shift in production of an article by the subject firm
abroad.
The petitioner also enclosed various flyers, brochures, coupons,
pass cards and promotional advertisements and stated that workers of
the subject firm created and produced these articles.
The company official verified that these pass cards, coupons and
advertisements were designed by the subject firm's previous manager and
were prepared and sent to a professional local printing company. The
official further confirmed that the rest of the promotional material
was typed as a word document and printed on a computer printer by the
administrative staff of either Family Entertainment or another domestic
company, Atlanta Cutlery. The administrative employees of the subject
firm continue to perform these functions to support and promote
business activities of the amusement park.
The petitioner further alleges that the subject firm shifted
production of the articles to India and ``the fact that these articles
are no longer produced here is the reason that we are no longer
employed''. To support these allegations, the petitioner enclosed
copies of handwritten ``Weekly Sales Report'' and ``Business Contact
Form'' stating that the workers performed telemarketing calls and that
these tasks are now performed in India.
The company official stated that Family Entertainment dba Sherwood
Forest did not shift any job functions to India and is not importing
any articles from the foreign source. The official further stated that
``the only relation Family Entertainment has with India is the fact
that it is owned by a U.S. Citizen from India'' and that the previous
manager of the subject firm who is no longer affiliated with the
company, resides in India with his family at the present time. The
company official confirmed that the subject firm is in the business of
entertainment services and whatever printed material might be designed
or produced by the administrative staff of the subject firm as
incidental to these services continues to be designed and produced by
the subject firm or other domestic companies.
The company official further stated that the petitioning workers
were separated from the subject firm after the management evaluated the
promotional program and made a decision to discontinue the program due
to low profitability.
In the request for reconsideration, the petitioner doubts the
accuracy of the information provided by Family Entertainment.
The Department has no evidence that would suggest that the
officials of the Family Entertainment had any reason to mislead the
investigation or that they had any interest in the outcome of this
determination that might have been adverse to the former employees of
the subject firm.
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 16th day of October 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-20726 Filed 10-19-07; 8:45 am]
BILLING CODE 4510-FN-P