[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Notices]
[Pages 31626-31627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15137]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-31,385]
Johnson Controls Battery Group, Inc. Louisville, Kentucky; Notice
of Negative Determination of Reconsideration On Remand
The United States Court of International Trade (USCIT) remanded for
further investigation the Secretary of Labor's negative determination
in International Union, United Automobile, Aerospace and Agricultural
Implement Workers of America, UAW Local 1288 and Employees and Former
Employees of Johnson Controls Battery Group, Inc. v. Robert Reich,
Secretary of Labor (96-04-01141).
The Department's initial denial of the petition for employees of
Johnson Controls Battery Group Inc., Louisville, Kentucky was issued on
October 13, 1995 and published in the Federal Register on October 27,
1995 (60 FR 55063). The denial was based on the fact that criterion (3)
of the Group Eligibility Requirements of Section 222 of the Trade Act
of 1974, as amended, was not met. The subject plant transferred
production to another domestic location. Therefore, increased imports
did not contribute importantly to worker separations.
On November 13, 1995, the petitioners requested administrative
reconsideration of the Department's denial, which also resulted in
affirmation of the initial negative decision. The determination was
issued on February 6, 1996 and published in the Federal Register on
February 21, 1996 (61 FR 6658).
In response to the UAW's request for judicial review of the Labor
Department's finding in this case, on February 4, 1997, the USCIT
remanded the case to the Department of Labor for further investigation.
On remand, the Department reviewed the previously certified
adjustment assistance petitions for workers of Johnson Controls,
Incorporated located in Bennington, Vermont (TA-W-29,403); Owosso,
Michigan (TA-W-30,659); and Garland, Texas (TA-W-30,863). In each of
these investigations customers of the respective subject firm were
primarily aftermarket retailers. Each of these investigations resulted
in a worker group certification because all of the Group Eligibility
Requirements of Section 222 of the Trade Act of 1974, as amended, were
met. There were declines in company sales and or production, employment
declined and it was determined that imports ``contributed importantly''
to worker separations. The ``contributed importantly'' test is
generally demonstrated through a survey of the workers' firm's
customers. Customers of the Johnson Controls, Incorporated locations
ion Bennington, Vermont, Owosso, Michigan and Garland, Texas reported
increased imports of aftermarket automotive batteries in the relevant
time periods.
Findings on remand show that the customer base at the Louisville
plant was different from the above cited Johnson Control locations. In
Louisville, new car producers were the primary customers, purchasing
original equipment automotive batteries.
Remand findings affirmed that the automotive battery production at
the Louisville, Kentucky plant was not shifted to a foreign country,
but to another domestic facility of Johnson Controls.
Investigation findings on remand show that although criteria (1)
and (2) of the Group Eligibility Requirements of Section 222 of the
Trade Act of 1974, as amended, were met, criterion (3) was not met
because the customers of the subject firm did not increase purchases of
imported automotive batteries. Thus, increased imports of automotive
batteries did not contribute to Johnson Control's decline in sales and
production and employment at Louisville, Kentucky.
Conclusion
After reconsideration on remand, I affirm the original notice of
negative determination of eligibility to apply for adjustment
assistance for workers and former workers of Johnson Controls
[[Page 31627]]
Battery Group Inc., Louisville, Kentucky.
Signed at Washington, DC this 16th day of May 1997.
Curtis K. Kooser,
Acting Program Manager, Policy and Reemployment Services, Office of
Trade Adjustment Assistance.
[FR Doc. 97-15137 Filed 6-9-97; 8:45 am]
BILLING CODE 4510-30-M
