[Federal Register Volume 63, Number 14 (Thursday, January 22, 1998)]
[Notices]
[Page 3353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1472]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-33,829 AND NAFTA-01932]
Trans World Airlines Kansas City Overhaul Base, Kansas City,
Missouri; Notice of Negative Determination Regarding Application for
Reconsideration
By application of December 5, 1997, the International Association
of Machinists and Aerospace Workers (IAMAW) requested administrative
reconsideration of the Department's negative determination regarding
worker eligibility to apply for Trade Adjustment Assistance (TAA) and
NAFTA-Transitional Adjustment Assistance (NAFTA-TAA), applicable to
workers and former workers of the subject firm.
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.
The TAA and NAFTA-TAA petitions, filed on behalf of workers who
repaired and overhauled aircraft and aircraft parts, were denied on
September 30, 1997, on the basis that the workers did not produce an
``article'' within the meaning of Section 222(3) and Section 250(a) of
the Trade Act of 1974, as amended, but rather performed services.
In support of their application for reconsideration, the IAMAW
contended that ``[t]he overhauling process [performed by the
petitioning workers on aircraft] takes what had become worthless parts
and/or assemblies [and] remanufactures and transforms them into unique
and marketable products,'' enabling aircraft or their parts to satisfy
Federal Aviation Administration airworthiness requirements.
This contention is insufficient to support the granting of
reconsideration. Pemberton v. Marshall, 639 F.2d 798 (D.C. Cir. 1981)
found a similar contention insufficient to support certification. In
that case, the workers alleged that their repair and overhaul of ships
constituted a ``remanufacturing'' of an ``article.'' The Court reasoned
that ``[e]ven if the repair necessitates the use of new materials, it
cannot be said to be the creation of a new ship * * * the same item was
also the end product.'' Id. at F.2d 800. Similarly here, although the
petitioners contend that their employment conferred ``new life'' on
aircraft and aircraft parts, no ``new and different article'' was
created. Nagy v. Donovan, 571 F.Supp. 1261, 1265 (Ct. Int'l. Trade
1983). Rather, ``[t]here was no transformation, but a mere refurbishing
of what already existed'' (Pemberton, at F.2d 800), permitting old
aircraft and aircraft parts to meet airworthiness requirements.
Thus, the application for reconsideration does not alter the
conclusion that the workers did not create new articles, but rather
serviced existing ones by overhauling and repairing aircraft and
aircraft parts. Accordingly, the petitioners' contention is
insufficient to support reconsideration.
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, D.C. this 5th day of January 1998.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 98-1472 Filed 1-21-98; 8:45 am]
BILLING CODE 4510-30-M
