[Federal Register: July 23, 2004 (Volume 69, Number 141)]
[Notices]
[Page 44066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy04-115]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-53,938]
Oshkosh B'Gosh, Inc., Oshkosh, Wisconsin; Notice of Determination
Regarding Application for Reconsideration
By application of February 3, 2004, 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 January 12, 2004 and published in the
Federal Register on February 6, 2004 (69 FR 5866).
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 Oshkosh B'Gosh,
Inc., Oshkosh, Wisconsin engaged in activities related to information
technology and administrative services at the Corporate Headquarters,
was denied because the petitioning workers did not produce an article
within the meaning of Section 222 of the Act.
The petitioner alleges that the petitioning group of workers were
in direct contact with and solely responsible in supplying
communications support to Oshkosh B'Gosh manufacturing facilities in
Albany and Liberty, Kentucky. The workers of these facilities were
certified eligible for TAA on November 24, 2003.
A company official was contacted to verify whether workers at the
subject facility were performing services for Oshkosh B'Gosh
manufacturing plants during the relevant period. The company official
stated that only workers of the Computer Marking Department and
Information Technology Department of the subject firm were in support
of production at the manufacturing facilities within Oshkosh B'Gosh,
Inc. Workers of these departments performed information technologies
functions and prepared computerized instructions for production
affiliates and were separately identifiable from all other workers at
the subject facility. It was further revealed that the worker
separations from Computer Marking and Information Technology
Departments were caused by a reduced demand for their services from
several manufacturing subdivisions which shifted production to foreign
countries during the relevant period. The official further reported
that the rest of the employees separated from the subject firm during
the relevant time period did not support production at the
manufacturing facilities and were not affected by their closures.
In accordance with Section 246 of the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department of Labor herein presents the results
of its investigation regarding certification of eligibility to apply
for alternative trade adjustment assistance (ATAA) for older workers of
the Oshkosh B'Gosh, Inc., Computer Marking Department and Information
Technology Department, Oshkosh, Wisconsin.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm are
50 years of age or older.
2. Whether the workers in the workers' firm possess skills that are
not easily transferable.
3. The competitive conditions within the workers' industry (i.e.,
conditions within the industry are adverse).
The Department has determined that criterion 1 has not been met.
The investigation revealed that less than three workers of the affected
group of workers are age 50 of over.
Conclusion
After careful review of the facts obtained in the investigation, I
determine that increases of imports of articles like or directly
competitive with articles produced by Oshkosh B'Gosh, Inc. contributed
importantly to the total or partial separation of workers and to the
decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
All workers of the Oshkosh B'Gosh, Inc., Computer Marking
Department and Information Technology Department, Oshkosh,
Wisconsin, who became totally or partially separated from employment
on or after December 29, 2002 through two years from the date of
this certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974 and;
I further determine that all other workers at Oshkosh B'Gosh,
Inc., Oshkosh, Wisconsin are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974 and
are denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, DC, this 14th day of July, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-16772 Filed 7-22-04; 8:45 am]
BILLING CODE 4510-30-P