94-28271. Pennzoil Products Co., Bradford, PA; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28271]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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DEPARTMENT OF LABOR
[TA-W-29, 919]

 

Pennzoil Products Co., Bradford, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By an application dated September 14, 1993, Local #6990 of the 
United Electrical Workers (UE) requested administrative reconsideration 
of the subject petition for trade adjustment assistance. The denial 
notice was signed on August 16, 1994 and published in the Federal 
Register on September 2, 1994 (59 FR 45711).
    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 investigation findings show that the workers were primarily 
engaged in employment related to the production of crude oil. Some 
natural gas was produced.
    The Department's denial was based on the fact that the 
``contributed importantly'' test of the increased import criterion of 
the Group Eligibility Requirements of the Trade Act was not met. The 
``contributed importantly'' test is generally demonstrated through a 
survey of the workers' firm's customers.
    The Department's survey of the Pennzoil's customers shows that all 
of its crude oil was shipped to a corporate refinery who does not 
import crude oil. The Department's survey of the natural gas customers 
shows that they did not increase their imports of natural gas while 
reducing their purchases from Pennzoil during the relevant periods.
    The union claims that the international price of crude oil affects 
the price of domestic crude oil and was responsible for the worker 
separations at Pennzoil.
    Price is not a criterion for a worker group certification. Also, 
Pennzoil shift from domestic production to overseas exploration and 
production would not form a basis for a worker group certification.
    The Trade Act was not intended to provide TAA benefits to everyone 
who is in some way affected by foreign competition but only to those 
who experienced a decline in sales or production and employment and an 
increase in imports of like or directly competitive products which 
``contributed importantly'' to declines in sales or production and 
employment.

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 7th day of November 1994.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 94-28271 Filed 11-15-94; 8:45 am]
BILLING CODE 4510-30-M