[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Notices]
[Pages 47179-47180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22800]
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DEPARTMENT OF LABOR
[TA-W-31,635]
Distribution and Auto Service, Inc. Seattle, WA; Notice of
Negative Determination on Reconsideration on Remand
The United States Court of International Trade (USCIT) granted the
Secretary of Labor's motion for a voluntary remand for further
investigation in Teamsters, Local Union No. 117, International
Brotherhood of Teamsters, AFL-CIO-CLC v. U.S. Department of Labor (96-
04-01047).
The Department's initial denial for the workers of Distribution and
Auto Service, Inc. (herein after referred to as DAS), Seattle
Washington, issued on December 5, 1995 and published in the Federal
Register on January 26, 1996 (61 FR 2537), was based on the fact that
the workers provided a service and did not produce an article.
The petitioners' request for reconsideration was dismissed on
February 9, 1996 and published in the Federal Register on February 23,
1996 (61 FR 7021). The Department's dismissal was based on the fact
that the application contained no new
[[Page 47180]]
substantial information which would bear importantly on the
determination.
The workers at DAS are engaged in predelivery services for imported
Nissan automobiles, including repair to damaged cars. Workers also
install components including air conditioners, graphics decals and
appliques, luggage racks, floor mats, arm rests, bed liners (for pickup
trucks), running boards and steps, tire covers, cargo nets, fenders
flares, air deflectors and security systems. None of these activities
constitutes production of an article within the meaning of the Trade
Act.
Local 117 claims that until these accessories are installed, the
vehicles are ``incomplete'' and not ready for sale. Findings on remand
show that the components installed on vehicles by workers by DAS are
accessories which are optional according to buyer preference. All
except air conditioners are exterior dress-up items. None of these
items is essential to make a motor vehicle ready for retail sale, nor
does any of them play any essential role in the operation of a motor
vehicle. All of the accessories installed at the subject firm are
frequently installed by the retail dealer's own service department if a
customer wants them installed.
Other findings on remand show that the accessories are not
manufactured at the subject facility but purchased from other domestic
firms. (See AR pp. 33-41.)
Service workers may be certified eligible to apply for TAA only if
the worker separation was caused by a reduced demand for their services
from a parent or controlling firm or subdivision whose workers produce
an article and who are currently under a certification for TAA. These
conditions have not been met for Distribution and Auto Service, Inc.
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 Distribution and Auto
Service, Inc., Seattle, Washington.
Signed at Washington, D.C. this 22nd day of August 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of
Trade Adjustment Assistance.
[FR Doc. 96-22800 Filed 9-5-96; 8:45 am]
BILLING CODE 4510-30-M
