94-30902. Eaton Corp.; Westinghouse & Cutler-Hammer Products; Kenosha, WI; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30902]


[[Page Unknown]]

[Federal Register: December 16, 1994]


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DEPARTMENT OF LABOR
[TA-W-30,222]

 

Eaton Corp.; Westinghouse & Cutler-Hammer Products; Kenosha, WI; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By an application dated November 2, 1994, Lodge #34 of the 
International Association of Machinists (IAM) requested administrative 
reconsideration of the subject petition for trade adjustment 
assistance, TAA. The denial notice was issued on October 17, 1994 and 
published in the Federal Register on November 1, 1994 (59 FR 54631).
    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.
    Investigation findings show that the workers produce two types of 
electrical drives--adjustable frequency and eddy current.
    The Department's denial was based on the fact that the 
``contributed importantly'' test of the worker group eligibility 
requirements of the Trade Act was not met. Production of the adjustable 
frequency drives was transferred to another corporate site in Florida 
while the eddy current drives experienced increased sales and 
production at Kenosha in the relevant periods.
    The union states that 28 percent of the market for electric drives 
is manufactured offshore. A review of the investigation findings, 
however, show that the subject firm has no major declining customers.
    Foreign competition, in itself, would not form a basis for a worker 
group certification--only increased imports of electric drives that are 
like or directly competitive with those produced at the workers' firm 
and which contributed importantly to declines in employment, sales or 
production at the workers' firm would provide a basis for a worker 
group certification.
    Other findings show that there are no plans to transfer production 
of adjustable frequency drives overseas.

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 7th day of December 1994.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services Office of Trade 
Adjustment Assistance.
[FR Doc. 94-30902 Filed 12-15-94; 8:45 am]
BILLING CODE 4510-30-M