[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Notices]
[Page 59889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29213]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-33,655]


White Cap, Incorporated, Hayward, California; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of September 17, 1997, the Glass, Molders, Pottery, 
Plastics & Allied Workers International Union requested administrative 
reconsideration of the Department's negative determination regarding 
worker eligibility to apply for trade adjustment assistance, applicable 
to workers of the subject firm. The denial notice was signed on August 
25, 1997 and was published in the Federal Register on September 17, 
1997 (62 FR 48887).
    Pursuant to 29 CFR 90.18(c) reconsideration may be grated 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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The request for reconsideration claims that customers of the 
subject firm were being serviced by products made in Mexico.
    In order for the Department to issue a worker group certification, 
all of the group eligibility requirements of Section 222 of the Trade 
Act must be met. Review of the investigation findings show that 
criterion (3) was not met. Layoffs at the subject firm were the result 
of the consolidation of metal bottle and jar cap production from the 
subject firm into two other company-owned plants located domestically.

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 at Washington, DC this 27th day of October 1997.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 97-29213 Filed 11-4-97; 8:45 am]
BILLING CODE 4510-30-M