94-15661. Apache International Division of Apache Corporation Houston, TX; Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15661]


[Federal Register: June 28, 1994]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-29,546]


Apache International Division of Apache Corporation Houston, TX; 
Negative Determination Regarding Application for Reconsideration

    By an application dated May 26, 1994, one of the petitioners 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance. The denial notice was signed on May 18, 
1994 and published in the Federal Register on June 1, 1994 (59 FR 
28428).
    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 Department's denial was based on the fact that Apache 
Corporation, the parent company, acquired another company resulting in 
some of Apache International's responsibilities being transferred to 
the parent company's new subsidiary. Also, the decreased sales or 
production requirement of the Group Eligibility Requirements of the 
Trade Act was not met. Corporate-wide sales of crude oil and natural 
gas at Apache International increased in 1993 compared to 1992.
    The petitioner states that Apache purchased another company (Hadson 
Energy in Perth, Australia) in 1993 and had it not been for the 
addition of Hadson's sales, the workers would have met the decreased 
sales criterion. The petitioner also states that jobs were shifted 
offshore.
    The findings show that Apache International has no domestic 
operations but is responsible for a portion of Apache Corporation's 
exploration and production outside of the United States. The remaining 
portion of the company's international operations are performed by the 
newly acquired firm--Hadson Energy Limited, headquartered in Perth, 
Australia. Following the Hadson acquisition, some of Apache 
International's responsibilities were transferred to Hadson Energy 
causing some worker separations in the United States.
    Other findings show that Apache International's operation is for 
the export market and as such would not form a basis for a worker group 
certification. U.S. imports of crude oil would not affect Apache's 
sales in a foreign market.
    Also, the elimination of domestic jobs because of corporate changes 
in the export market would not provide a basis for a worker group 
certification.

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. According, the application is denied.

    Signed at Washington, DC, this June 15, 1994.
James D. Van Erden,
Administrator, Office of Work-Based Learning.
[FR Doc. 94-15661 Filed 6-27-94; 8:45 am]
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