94-12308. Tech-Aid, Oak Brook, IL, et al.; Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12308]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,427; TA-W-29,427A]

 

Tech-Aid, Oak Brook, IL, et al.; Negative Determination Regarding 
Application for Reconsideration

    By an application dated April 12, 1994, the company requested 
administrative reconsideration of the subject petition for trade 
adjustment assistance (TAA). The denial notice was signed on March 21, 
1994 and published in the Federal Register on March 30, 1994 (59 FR 
14876).
    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 Tech-Aid and Tech-Staff are 
contract engineering firms that provide engineering services to various 
firms including Reynolds Metals in McCook, Illinois, which produces an 
article--aluminum sheet.
    The findings show that the subject workers perform technical design 
and alteration services on aluminum production machinery and as such do 
not produce an article within the meaning of the Trade Act of 1974. 
Other investigation findings show that the ``workers firm'' is Tech-Aid 
and Tech-Staff, not Reynolds Metals, because Tech-Aid and Tech-Staff 
have authority over their employees, maintain benefits and conduct all 
payroll and personnel actions.
    The Department has consistently determined that the performance of 
services does not constitute the production of an article and this 
determination has been upheld in the U.S. Court of Appeals.
    You cite the 1988 amendments to the Trade Act--the Omnibus Trade 
and Competitiveness Act, (OTCA) as a basis for certification. Section 
1421 (a)(1)(A) of the OTCA amends section 222 of the Trade Act to add 
certain oil and gas workers as potentially eligible to apply for 
program benefits under the TAA Program. This was accomplished by adding 
a new subsection to section 222 which provides that any firm which 
engages in exploration or drilling for oil or natural gas shall be 
considered to be a firm producing oil or natural gas and producing 
articles that are directly competitive with imports of oil and natural 
gas. This provision does not apply to service workers in other 
industries.

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 6th day of May 1994.
Robert O. Deslongchamps,
Director, Office of Legislation & Actuarial Service, Unemployment 
Insurance Service.
[FR Doc. 94-12308 Filed 5-19-94; 8:45 am]
BILLING CODE 4510-30-M