[Federal Register Volume 61, Number 208 (Friday, October 25, 1996)]
[Notices]
[Page 55319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27452]
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DEPARTMENT OF LABOR
[NAFTA-00984; NAFTA-00984A]
Owens-Illinois, Incorporated Owens Brockway Glass Containers,
Plants #18 and #19 Brockway, Pennsylvania, and Notice of Negative
Determination Regarding Application for Reconsideration
By an application dated August 29, 1996, counsel to Glass, Molders,
Pottery, Plastics & Allied Workers International Union and its Local
Union, GMP Local 110, requested administrative reconsideration of the
Department's negative determination regarding the eligibility for
workers of the subject firm to apply for NAFTA-Transitional Adjustment
Assistance. The notice of negative determination was issued on July 3,
1996 and published in the Federal Register on August 2, 1996 (61 FR
40454).
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 workers produce glass containers. Bottles represent the
predominant portion of sales at Plants #18 and #19 in Brockway.
Counsel for Local 110 asserts that the Brockway workers should be
certified for TAA because the Department made favorable determinations
for workers at other glass container production facilities. In those
cases, the Department found import impact. Those firm(s) were either
importing glass containers or their customers increased reliance on
imports.
Counsel for Local 110 also believes that employees lost production
opportunities at Brockway's Plants #18 and #19 because of the
saturation of the market from Mexican and Canadian imports. Findings of
the investigation showed that major declining customers of Owens-
Brockway, Plants #18 and #19, reported no imports from Mexico or Canada
of glass containers competitive with the articles produced at the
subject firm. These customers also reported that they were switching
from glass to plastic containers.
Counsel for Local 110 claims that the jobs formerly done at the
Brockway plants were sent out of the country. Counsel for Local 110
presented evidence that molds, one of the most important components in
the glass container production process, were being shipped from the
plants in Brockway to foreign countries. Certification under Section
250 of the Trade Act is premised upon a shift in production from the
workers' firm to Mexico or Canada, or increased company or customer
imports of the product produced at the workers' firm from Mexico or
Canada. Owens-Brockway produced glass containers, and although molds
are used to produce glass containers, molds cannot be considered like
or directly competitive with glass containers.
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, D.C., this 8th day of October, 1996.
Russell T. Kile,
Program Manager, Policy and Reemployment Services, Office of Trade
Adjustment Assistance.
[FR Doc. 96-27452 Filed 10-24-96; 8:45 am]
BILLING CODE 4510-30-M
