[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Page 12152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6242]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,912]


Road and Rail Services, Venice, IL; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated February 27, 2009, the 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 February 20, 2009 and 
published in the Federal Register on March 10, 2009 (74 FR 10303).
    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 negative TAA determination issued by the Department for workers 
of Road & Rail Services, Venice, Illinois was based on the finding that 
the worker group does not produce an article within the meaning of 
Section 222 of the Trade Act of 1974.
    The petitioners contend that the Department erred in its 
interpretation of work performed at the subject facility and indicate 
that the workers of the subject firm performed services under contract 
to Norfolk and Southern Railroad in Venice, Illinois and that the 
railroad had a contract with Chrysler in Fenton, Missouri. The 
petitioner also stated that the workers of the subject firm prepared 
railcars so that the assembled Chrysler vehicles could safely be 
loaded. Furthermore, the petitioner alleged that the workers of the 
subject firm were laid off because Chrysler shifted production to 
Canada and stopped shipping its products through Venice, Illinois.
    The petitioners alleged that because the subject firm provided 
services to a customer who in its turn provided services to another 
customer producing automobiles and which might be import impacted; 
workers of the subject firm should be eligible for Trade Adjustment 
Assistance.
    The nature of the work involved is not an issue in ascertaining 
whether the petitioning workers are eligible for trade adjustment 
assistance, but whether they produced an article within the meaning of 
section 222 of the Trade Act of 1974. The fact that workers of the 
subject firm performed services for customers, which produces articles, 
does not imply production of an article within the meaning of Section 
222.
    The investigation revealed that the workers of Road & Rail 
Services, Venice, Illinois performed railcar maintenance for a local 
railroad and did not support production. These functions, as described 
above, are not considered production of an article within the meaning 
of Section 222 of the Trade Act of 1974.
    The petitioner did not supply facts not previously considered; nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

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 in Washington, DC, this 12th day of March 2009.
 Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-6242 Filed 3-20-09; 8:45 am]
BILLING CODE 4510-FN-P