[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Notices]
[Pages 25889-25890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10256]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-85,057]
Hyosung USA, Inc, Utica Plant, a Subsidiary of Hyosung Holdings
USA, Inc., Utica, New York; Notice of Negative Determination Regarding
Application for Reconsideration
By application dated March 26, 2014, a State of New York workforce
official requested administrative reconsideration of the Department of
Labor's negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former workers
of Hyosung USA, Inc., Utica Plant, a subsidiary of Hyosung Holdings
USA, Inc., Utica, New York (subject firm). The negative determination
was signed on February 26, 2014.
The petition stated: ``Richard Guzda . . . will be laid off on 3/
31/2014. He has been the maintenance man and watchman for the vacant
building. Hyosung has an Agreement . . . to keep someone on site until
the end of the lease on 3/31/14.''
The determination was based on the Department's finding that there
was not a worker group as defined by 29 CFR 90 at the subject firm
during the one-year period prior to the date of the petition (February
6, 2014).
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 state workforce official
stated that ``Mr. Guzda has been fully connected with 81 other workers
certified under petition 80085. I believe that TAA petition 80085
should be re-opened and the expiration date should be changed from May
5th, 2013 to at least April 1st, 2014
[[Page 25890]]
to ensure that Mr. Guzda is eligible for TAA benefits.''
19 U.S.C. 2291 establishes that the certification period ends at
``the 2-year period beginning on the date on which the determination
under section 223 was made.''
29 CFR 90.11(b) states ``Every petition filed with the Department
shall clearly state the group of workers on whose behalf the petition
is filed.''
29 CFR 90.2 states ``Group means three or more workers in a firm or
appropriate subdivision therof.''
29 CFR 90.16(e) states ``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.''
Because there was one worker at the subject firm on/after February
6, 2013, the worker group criteria have not been met.
Because the petitioner did not supply facts not previously
considered and did not provide additional documentation indicating that
there was either a mistake in the determination of facts not previously
considered or a misinterpretation of facts, or of the law justifying
reconsideration of the initial determination, the Department determines
that 29 CFR 90.18(c) has not been met.
Conclusion
After careful 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 24th day of April, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-10256 Filed 5-5-14; 8:45 am]
BILLING CODE 4510-FN-P