94-16540. Rohr, Inc., Chula Vista, CA; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 130 (Friday, July 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16540]


[[Page Unknown]]

[Federal Register: July 8, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,418]

 

Rohr, Inc., Chula Vista, CA; Notice of Negative Determination 
Regarding Application for Reconsideration

    By an application postmarked May 21, 1994, Local #755 of the 
Machinists Union (IAM) requested administrative reconsideration of the 
subject petition for trade adjustment assistance. The denial notice was 
signed on April 21, 1994 and published in the Federal Register on May 
11, 1994 (59 FR 24482)
    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 workers of Rohr, Inc., in Chula Vista, California produce 
aircraft engine nacelle systems and components.
    The union claims that the production of engine mounts and cascades 
was transferred overseas.
    Investigation findings show that, with the exception of a few 
spares which account for a negligible portion of current production, 
engine mounts were outsourced to Singapore and other manufacturers in 
the United States in 1991. This transfer is beyond the period 
applicable to the petition. Section 223(b)(1) of the Trade Act does not 
permit the certification of workers who were laid off prior to one year 
of the date of the petition which in this case is November 18, 1993.
    With respect to cascades, the findings show that they haven't been 
produced in Chula Vista for some eight to ten years. Further, company 
officials indicated that no production workers were laid off because of 
the production transfer of engine mounts and cascades to offshore 
producers. Sufficient work was available at Chula Vista so as not to 
negatively impact employees.
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, D.C., this 28th day of June 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation & Actuarial Service, 
Unemployment Insurance Service.
[FR Doc. 94-16540 Filed 7-7-94; 8:45 am]
BILLING CODE 4510-30-M