99-10479. Circle Four Farms, Milford, Utah; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Notices]
[Page 22651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10479]


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

DEPARTMENT OF LABOR

Employment and Training Administration
[NAFTA-2935]


Circle Four Farms, Milford, Utah; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated March 18, 1999, the company requested 
administrative reconsideration of the Department's negative 
determination regarding worker eligibility to apply for NAFTA-
Transitional Adjustment Assistance (NAFTA-TAA). The denial notice 
applicable to workers of the subject firm located in Milford, Utah, was 
signed on March 8, 1999 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.

    Findings of the initial investigation showed that workers of Circle 
Four Farms, Milford, Utah were engaged in employment related to the 
production of live swine. The Department's denial of NAFTA-TAA for 
workers of the subject firm was based on the determination that 
criteria (1) and (2) of the Group Eligibility requirements of 
paragraphs (a)(1) of section 250 of the Trade Act of 1974, as amended, 
were not met. Layoffs did not affect a significant proportion of the 
total workers at Circle Four Farms. Sales and production increased in 
1998 compared to 1997.
    The petitioner asserts that because of the continuation of low pork 
prices, additional positions have been eliminated at Circle Four Farms. 
The petitioner asks that the Department consider the petition based on 
the number of positions eliminated, not the total number of individuals 
terminated. Trade Act law does not contain a provision which would 
allow the Secretary to issue a determination for NAFTA-TAA eligibility 
based on the number of positions eliminated. The worker group 
eligibility requirements of paragraph (a)(1) of Section 250 stipulate 
that a ``significant number of proportion of the workers * * * have 
become totally or partially separated * * *''
    The petitioner further argues that because of the nature of the 
livestock industry, the Department should not use increasing sales and 
production as a criterion for denying the petition. Trade Act law does 
not contain a provision that allows the Secretary to depart from the 
requirement that sales or production, or both, have decreased 
absolutely.
    Lastly, the petitioner asserts that low pork prices are a result of 
Canadian imports. U.S. Department of Agriculture data submitted by the 
petitioner confirms the petitioners allegation. Price, however, is not 
a basis for certification of the Circle Four Farm workers.

Conclusion

    After review of the application and investigation 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 31st day of March 1999.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 99-10479 Filed 4-26-99; 8:45 am]
BILLING CODE 4510-30-M