94-12317. Digital Equipment Corporation Roxbury, Massachusetts; 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: 94-12317]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,304]

 

Digital Equipment Corporation Roxbury, Massachusetts; Negative 
Determination Regarding Application for Reconsideration

    By an application dated March 31, 1994, some of the workers 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance. The denial notice was signed on March 4, 
1994 and published in the Federal Register on March 18, 1994 (59 FR 
12983).
    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 the Roxbury plant produced 
mainly the LK201 keyboard and cable assemblies which were used 
internally by other Digital facilities.
    Its stated that Mexican keyboards adversely affected the workers.
    The findings show that all production on the LK201 keyboards ceased 
in March, 1992 and the plant closed in December 1992. Cable assemblies 
were then produced but were discontinued in 1993 as an end-of-life 
item. All other production at Roxbury was either moved to other 
corporate domestic plants or discontinued. These events would not 
provide a basis a group certification.
    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. The findings show that a 
corporate decision was made to cease operations at Roxbury and 
outsource production for a newer generation of keyboards to other 
domestic companies.
    Neither a domestic transfer nor technological unemployment would 
form a basis for a worker group certification. Also, the allegation 
that a domestic vendor is currently importing keyboards for Digital 
would not provide a basis for certifying keyboard workers laid of in 
March, 1992. Section 223(b)(1) of the Trade Act does not permit the 
Department to certify workers laid off more than one year prior to the 
date of the petition, which in this case is November 15, 1993.

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 11th day of May 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation & Actuarial Service Unemployment 
Insurance Service.
[FR Doc. 94-12317 Filed 5-19-94; 8:45 am]
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