Legal Status
Legal Status
Notice
Atlantic Southeast Airlines, a Subsidiary of Skywest, Inc., Airport Customer Service Division, Including On-Site Leased Workers of Delta Global Services, Inc., Fort Smith, AR; Notice of Negative Determination Regarding Application for Reconsideration
A Notice by the Employment and Training Administration on
Document Details
Information about this document as published in the Federal Register.
- Printed version:
- Publication Date:
- 12/08/2009
- Agencies:
- Employment and Training Administration
- Document Type:
- Notice
- Document Citation:
- 74 FR 64736
- Page:
- 64736-64737 (2 pages)
- Agency/Docket Number:
- TA-W-70,344
- Document Number:
- E9-29148
Document Details
-
Enhanced Content - Table of Contents
This tables of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents. This repetition of headings to form internal navigation links has no substantive legal effect.
Enhanced Content - Table of Contents
-
Enhanced Content - Submit Public Comment
- This feature is not available for this document.
Enhanced Content - Submit Public Comment
-
Enhanced Content - Read Public Comments
- This feature is not available for this document.
Enhanced Content - Read Public Comments
-
Enhanced Content - Sharing
- Shorter Document URL
- https://www.federalregister.gov/d/E9-29148 https://www.federalregister.gov/d/E9-29148
Enhanced Content - Sharing
-
Enhanced Content - Document Tools
These tools are designed to help you understand the official document better and aid in comparing the online edition to the print edition.
-
These markup elements allow the user to see how the document follows the Document Drafting Handbook that agencies use to create their documents. These can be useful for better understanding how a document is structured but are not part of the published document itself.
Display Non-Printed Markup Elements
Enhanced Content - Document Tools
-
-
Enhanced Content - Developer Tools
This document is available in the following developer friendly formats:
- JSON: Normalized attributes and metadata
- XML: Original full text XML
- MODS: Government Publishing Office metadata
More information and documentation can be found in our developer tools pages.
Enhanced Content - Developer Tools
Published Document
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
By application dated October 19, 2009, 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 September 28, 2009 and will soon be published in the Federal Register.
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 initial investigation resulted in a negative determination, based on the finding that imports of services like or directly competitive with the services performed by the workers of the subject firm did not contribute to worker separations at the subject facility and there was no shift or acquisition of the services from a foreign country during the period under investigation.
The petitioner alleged that the subject firm is located in a manufacturing center and provided a list of local companies and manufacturing plants representing various industries. The Start Printed Page 64737petitioner stated that these companies had been shifting their production abroad and downsizing their business. As a result the manufacturing companies have been certified eligible for Trade Adjustment Assistance (TAA). The petitioner concluded that because the business of the subject firm is “completely reliant on the manufacturing industry in our town”, and because the businesses “discontinued their flights with us due to their downsizing”, the workers of the subject firm should also be eligible for TAA as downstream producers to these certified companies.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance on the basis of the secondary impact, the workers' firm has to be a downstream producer which performs additional, value-added production processes or services directly for another firm for articles or services with respect to which a group of workers in such other firm has been certified.
The investigation revealed that workers of Atlantic Southeast Airlines, a subsidiary of Skywest, Inc., Airport Customer Service Division, Fort Smith, Arkansas provided airline customer services, including airport station management, ticketing and baggage. The workers of the subject firm did not perform additional, value-added production processes or services directly to any of the certified primary firms during the period under investigation. Thus the subject firm workers are not eligible for TAA as downstream producers under secondary impact.
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.
Start SignatureSigned in Washington, DC, this 5th day of November 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-29148 Filed 12-7-09; 8:45 am]
BILLING CODE 4510-FN-P