[Federal Register Volume 64, Number 225 (Tuesday, November 23, 1999)]
[Notices]
[Pages 65729-65730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30453]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-35,893, et al.]
Natchiq, Inc., Anchorage, AK, et al.; Notice of Negative
Determination Regarding Application for Reconsideration
By application dated September 9, 1999, a company official (the
petitioner) requested administrative reconsideration of the
Department's negative determination regarding eligibility to apply for
Trade Adjustment Assistance (TAA), applicable to workers and former
workers of Natchiq, Incorporated and Alaska Petroleum Contractors, both
companies with locations in Anchorage, Alaska and Houston, Texas. The
denial notice was signed on July 26, 1999 and published in the Federal
Register, on August 11, 1999 (64 FR 43723).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted under
the following circumstances:
(1) It 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 petitioner states that perhaps the TAA petition was filed
prematurely, and provided employment date for May through August 1998
and May through August 1999; revenues for May through August 1998 and
May through August 1999 as well as the forecast revenues for the full
year 1999.
The petitioner states that while hundreds of workers were being
laid off due to capital expenditure cuts, they were hiring a
significant number of employees for a one-year project. That resulted
in the revenues and employment numbers being skewed.
The petitioner adds that the workers at Natchiq perform all
executive and administrative service functions for their entities,
including Alaska Petroleum Contractors. The workers at Alaska Petroleum
Contractors include construction, fabrication, maintenance, and project
management personnel, including general labor, welders, pipefitters,
ironworkers, and clerical for oil industry clients.
The petition filed with the Department by the company on behalf of
workers of the subject firms was dated March 8, 1999. The petition
investigation for Natchiq, Incorporated and Alaska Petroleum
Contractors was conducted for full years 1997 and 1998, and the partial
year period of January through April for 1998 and 1999. Upon receipt of
the petition, the Department is required to examine the criteria for
certification for the representative base period consisting of the four
quarters immediately preceding the date of the petition. Therefore, the
Department could not conduct its investigation for a period ending
August 1999 when the petition was dated March 1999.
The TAA petition, filed on behalf of workers of Natchiq,
Incorporated, Anchorage, Alaska and Houston, Texas was denied because
the workers provided a service and did not produce an article within
the meaning of Section 222(3) of the worker group eligibility
requirements of the Trade Act of 1974, as amended.
The TAA petition, filed on behalf of workers of Alaska Petroleum
Contractors, Anchorage, Alaska and Houston, Texas was denied because
criteria (1) and (2) of the worker group eligibility requirements of
Section 222 of the Trade Act of 1974, as amended were not met. Revenues
and employment increased during the relevant time period.
Conclusion
After review of the application 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.
[[Page 65730]]
Signed at Washington, DC this 10th day of November, 1999.
Grant D. Beale,
Program Manager, Office of Trade Adjustment Assistance.
[FR Doc. 99-30453 Filed 11-22-99; 8:45 am]
BILLING CODE 4510-30-M
