[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Notices]
[Page 43563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18187]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-72,194]


Pendleton Woolen Mills, Inc., Washougal, WA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated May 4, 2010, a petitioner requested 
administrative reconsideration of the Department's certification 
regarding eligibility to apply for Trade Adjustment Assistance (TAA), 
applicable to workers and former workers of the subject firm. The 
certification was signed on April 1, 2010, and published in the Federal 
Register on May 5, 2010 (75 FR 24751).
    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.
    In the request for reconsideration, the petitioner asserted that 
she and other workers of the subject firm who were laid off more than a 
year before the date of the petition (August 24, 2009), and were thus 
not reached by the impact date of the certification (August 24, 2008), 
should be included in the certification because of their long-term 
service to the employer, of their long years of working together with 
other employees who will be covered by the decision, and they should 
not be penalized for the alleged delay by the petitioner (a union 
official) who filed the petition in this case.
    The applicable regulation, 29 CFR 90.16(e), states that:

    A certification of eligibility to apply for adjustment 
assistance shall not apply to any worker:
    (1) Whose last total or partial separation from the firm or 
appropriate subdivision occurred more than one (1) year before the 
date of the petition; * * *

    In this case, the petition that began this investigation was dated 
August 24, 2009. Therefore, according to the regulation above, no 
worker who was separated earlier than August 24, 2008 (i.e., one year 
prior to the August 24, 2009 petition date) can be included in any 
certification resulting from the investigation resulting from the 
petition at issue.
    The petitioner in this case was laid off on August 5, 2008, 
nineteen days before the earliest possible date for workers to receive 
benefits under certification TA-W-72,194. Consequently, according to 29 
CFR 90.16(e), she cannot be covered by that certification.
    The petitioner did not supply facts not previously considered or 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

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 14th day of July 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-18187 Filed 7-23-10; 8:45 am]
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