DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,539

DIVINE BROTHERS COMPANY
UTICA, NEW YORK

Notice of Negative Determination
Regarding Application for Reconsideration

By application of June 1, 2003, the Union of Needletrades,
Industrial & Textiles Employees, Local 653-T requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on May 6, 2003
and published in the Federal Register on May 19, 2003 (68 FR
27107).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The TAA petition, filed on behalf of workers at Divine
Brothers Company, Inc., Utica, New York engaged in the production
of industrial metal finishing products and supplies, was denied
because criterion (2) was not met. Sales of industrial metal
finishing products and supplies increased in 2002 compared to
2001 and remained relatively stable in January-March 2003
compared to the same period in 2002.
In the request for reconsideration, the union alleged that
the closure of the Caster and Wheel Division (Truck Wheel)
contributed to layoffs.
A company official stated that the company had made a
decision to close the abovementioned division and that it closed
in May of 2002. However, coinciding with the decline and ultimate
closure of this division, other product lines produced by the
company increased, which would explain the stable sales figures
in the relevant period.
The union official also supplied information concerning
allegations of layoffs of this division and bumping rights of
employees under union agreements.
The petitioning workers were denied because sales and
production did not decline in the relevant period, and workers
are not separately identifiable, thus the information is
irrelevant to a reconsideration of the original determination.


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 11th day of July, 2003
/s/ Elliott S. Kushner
__________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance