[Federal Register: February 23, 2009 (Volume 74, Number 34)]
[Notices]               
[Page 8118]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe09-101]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,693]

 
Avid Industries, Inc. Argyle, MI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated January 23, 2009, a company official requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on January 6, 2009 and 
published in the Federal Register on February 2, 2009 (74 FR 5871).
    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 negative TAA determination issued by the Department for workers 
of Avid Industries, Inc., Argyle, Michigan was based on the finding 
that the subject firm 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 stated that the 
subject firm contracted a worker in December 2006 and December 2007 to 
perform unidentified tasks for the company. The petitioner seems to 
allege that because this ``Contract Worker'' performed some tasks for 
the subject firm, he should be considered as employees of the subject 
firm and, therefore, eligible for Trade Adjustment Assistance.
    To determine whether the contracting worker was an employee of the 
subject firm, on-site leased worker, or a worker under the control of 
the subject firm and whether there was a significant proportion of 
workers separated or threatened with separations at the subject company 
during the relevant period, the Department contacted the subject firm's 
company official and requested employment figures for the relevant 
employment data (for one year prior to the date of the petition and any 
imminent layoffs).
    The company official stated that this independent contractor was 
not an employee of Avid Industries, Inc., Argyle, Michigan, he was not 
a leased worker employed on-site of the subject firm, and there was no 
written contract between this worker and 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 in Washington, DC, this 4th day of February 2009.
 Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-3733 Filed 2-20-09; 8:45 am]

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