[Federal Register Volume 64, Number 154 (Wednesday, August 11, 1999)]
[Notices]
[Page 43726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20678]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-36,042]
Broughton Operating Corp., Houston, Texas; Notice of Negative
Determination Regarding Application for Reconsideration
By application dated May 10, 1999, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on April 15, 1999, and
published in the Federal Register on May 21, 1999 (64 FR 27810).
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 April 15, 1999, denial of TAA for workers of Broughton
Operating Corp., Houston, Texas, was based on the finding that the
workers provided a service and did not produce an article as required
by Section 222(3) of the Trade Act of 1974, as amended.
The petitioner asserts that the subject firm is involved in the
exploration and production of oil and gas, and explains that the
petitioners provided personnel services including the review of oil and
gas leases, paid rentals and performance of title work involved with
those leases, and thus should be considered engaged in employment
related to the production of oil and gas.
The investigation shows that the petitioning worker group was
employed by Administaff which was contracted with the subject firm to
provide certain personnel functions, which included lease analysts. The
Department stands corrected that the workers in fact, performed
administrative and lease analyst functions for Broughton Operating
Corp. in Houston, Texas.
The petitioning workers (Administaff employees) were providing a
service in the offices of Broughton Operating Corp. in Houston, Texas.
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 20th day of July, 1999.
Grant D. Beale,
Program Manager, Office of Trade Adjustment Assistance.
[FR Doc. 99-20678 Filed 8-10-99; 8:45 am]
BILLING CODE 4510-30-M
