95-9558. Leland Electrosystems, Inc., Erie, PA; Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Notices]
[Page 19415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9558]



-----------------------------------------------------------------------

DEPARTMENT OF LABOR
[NAFTA--00340]


Leland Electrosystems, Inc., Erie, PA; Negative Determination 
Regarding Application for Reconsideration

    By an application postmarked March 24, 1995, the petitioners 
requested administrative reconsideration of the subject petition for 
transitional adjustment assistance (NAFTA-TAA). The denial notice was 
issued on February 27, 1995 and will soon be published in the Federal 
Register.
    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 findings show that the workers produced aerospace spare parts 
for various electrical starters, motors and generators for the 
aerospace industry. The subject plant closed on January 11, 1995 as a 
result of an eviction notice from the landlord. All production was 
transferred to another domestic corporate facility in Ohio. A domestic 
transfer of production would not form a basis for a worker group 
certification.
    The Department's denial was based on the fact that there was no 
shift in production from the workers' firm to Mexico or Canada, nor did 
the subject firm import aerospace parts from Mexico or Canada. The 
Department's survey also revealed that the customer imports from Mexico 
or Canada did not contribute importantly to worker separations at the 
firm.
    On further review the findings show that the ``dominant cause'' for 
the worker separations was the closing down of the subject facility 
resulting from the eviction notice.
    Petitioners allege a decline in sales and orders in overseas 
markets, v.g. Canada, England, Scotland, Singapore and China. A decline 
in export sales and orders would not form a basis for a worker group 
certification.
    Petitioners also name a customer with facilities in Mexico and 
Puerto Rico that had declining purchases from the subject firm. The 
findings show that the named customer was a very small customer of the 
subject firm in the relevant time periods. The named customer accounted 
for less than one-half of one percent of Leland's sales in each of the 
relevant periods. Further, shipments from Puerto Rico are not 
considered imports as Puerto Rico is within the U.S. Custom Trade Zone.
    The workers were also denied trade adjustment assistance under 
petition TA-W-30,677.

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 3rd day of April, 1995.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 95-9558 Filed 4-17-95; 8:45 am]
BILLING CODE 4510-30-M