96-19656. AT&T Corporation; NCR Corporation; Viroqua, Wisconsin; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Notices]
[Page 40456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19656]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR
[NAFTA-00920]


AT&T Corporation; NCR Corporation; Viroqua, Wisconsin; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated June 10, 1996, one of the petitioners 
requested administrative reconsideration of the Department's negative 
determination regarding worker eligibility to apply for NAFTA-
Transitional Adjustment Assistance. The denial notice was signed on May 
13, 1996 and published in the Federal Register on May 24, 1996 (61 FR 
26219).
    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 option of the Certifying Officer, a misinterpretation 
of facts or of the law justified reconsideration of the decision.
    The request for reconsideration claims that AT&T Corporation, NCR 
Corporation lost business to foreign produced electronic business forms 
and systems substitutes. The request also claims that the Department's 
customer survey focused on current customers rather than customers who 
have switched to imported electronic business form substitutes.
    Findings of the investigation showed that workers of AT&T 
Corporation, NCR Corporation located in Viroqua, Wisconsin produced 
business forms and labels. The Department's denial of NAFTA-TAA for 
workers of the subject firm was based on the fact that there was no 
shift of production from the Viroqua, Wisconsin production facility to 
Mexico or Canada, nor did AT&T Corporation, NCR Corporation import from 
Mexico or Canada any articles competitive with business forms and 
labels. The Department also conducted a survey of major declining 
customers of AT&T Corporation, NCR Corporation. None of the survey 
respondents reported import purchases of business forms or labels from 
Mexico or Canada during the time period relevant to the investigation.
    Technological unemployment as the result of rapid development of 
electronic business forms 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. Accordingly, the application is denied.

    Signed at Washington, D.C. this 16th day of July 1996.
Russell T. Kile,
Acting Program Manager, Policy and Re-employment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-19656 Filed 8-1-96; 8:45 am]
BILLING CODE 4510-30-M