[Federal Register: May 18, 2001 (Volume 66, Number 97)]
[Notices]               
[Page 27692]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my01-64]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,507]

 
Dresser-Wayne Division (Halliburton) Salisbury, MD; Notice of 
Negative Determination Regarding Application for Reconsideration

    By Application of February 8, 2001, the International Union, United 
Automobile, Aerospace & Agricultural Implement Workers of America 
(UAW), Local 354, request 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 January 17, 2001, and 
published in the Federal Register on February 8, 2001 (66 FR 9599).
    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 producing retail fuel 
dispensers at Dresser-Wayne Division (Halliburton) in Salisbury, 
Maryland, was denied because the group eligibility requirement of 
Section 222(2) of the Trade Act of 1974, as amended, was not met. Sales 
and production of articles produced at the plant increased from 1999 to 
2000.
    The petitioner provided a copy of an e-mail from a company official 
at Dresser-Wayne to the President of UAW, Local 354, indicating that 
jobs were lost at the plant because some of the work at the subject 
firm plant was being sent to Brazil.
    The transfer of work, or shift of production, is not a basis for 
worker group certification under the worker adjustment assistance 
provisions of Section 222 of the Trade Act of 1974.

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 decisions. Accordingly, the application is denied.

    Signed at Washington, DC, this 30th day of April, 2001.

Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 01-12565 Filed 5-17-01; 8:45 am]
BILLING CODE 4510-30-M