94-1494. Brown Shoe Co./Pagoda Trading Co., St. Louis, MO; Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1494]


[[Page Unknown]]

[Federal Register: January 21, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-29, 151]

 

Brown Shoe Co./Pagoda Trading Co., St. Louis, MO; Negative 
Determination Regarding Application for Reconsideration

    By an application dated from January 2, 1994, counsel for the 
former workers requested administrative reconsideration of the subject 
petition for trade adjustment assistance (TAA). The denial notice was 
signed on December 8, 1993 and was published in the Federal Register on 
December 28, 1993 (58 FR 68669).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    Counsel for the petitioners states since the workers of Brown 
Group, Inc., and its subdivisions were adversely impacted by foreign 
imports (TA-W-27,750) the only issue remaining as to whether their 
capacity as sales representatives constitutes a sufficient reason to 
deny their eligibility to apply for benefits under the worker 
adjustment assistance program.
    The headquarters, administrative and sales support workers of the 
Brown Shoe Company in Clayton, Missouri were certified for TAA under 
TA-W-27,570 because of an increased corporate reliance on imports. 
These support workers experienced a reduction in demand for their 
services from ten Brown Shoe Company production facilities which were 
adversely affected by increased imports and whose workers were 
certified eligible to apply for TAA.
    Unlike the headquarters group, the Pagoda Trading Company is not an 
appropriate subdivision of the Brown Shoe Company whose support workers 
were certified because of an increased corporate reliance on imports.
    The findings show that the Pagoda Trading Company does not produce 
an article nor was it integrated with the production facilities. 
Imports by an importing subdivision which does not produce an article 
would not provide a basis for a worker group certification. Such 
imports would have a positive employment effect rather than a negative 
one. All three of the petitioners were separated from employment by the 
Pagoda Trading Company.

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 11th day of January 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislative & Actuarial Service, 
Unemployment Insurance Service.
[FR Doc. 94-1494 Filed 1-19-94; 4:15 pm]
BILLING CODE 4510-30-M