DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,679

GENERAL CABLE
TAUNTON, MASSACHUSETTS

Notice of Negative Determination
Regarding Application for Reconsideration

By application of February 4, 2004, the United Electrical,
Radio and Machine Workers of America, District Council 2
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm. The denial notice was published in the
Federal Register on February 6, 2004 (69 FR 5866).
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 petition for the workers of General Cable, Taunton,
Massachusetts was denied because criterion 2 of Section 222(b),
as amended, was not met. The workers’ firm was not a supplier or
downstream producer to a firm that employed a group of workers
who received a certification of eligibility to apply for trade
adjustment assistance benefits and such supply or production is
related to the article that was the basis for such certification.
Other findings of the investigation determined that there were
increases in General Cable sales and production of copper wire
and unfinished PVC compounds from 2002 to 2003.
The petitioner states that the relevant period investigated
by the Department is not an accurate measure in determining the
workers eligibility for TAA and suggests that the Department
should extend investigation back to the beginning of 2000 to
reveal the secondary impact of foreign trade on the subject firm.
In addressing the Trade Act worker group eligibility
criteria for secondarily affected workers, the Department is
required to conduct an investigation for the relevant time
period, which is one year or the four quarters, prior to the date
of the petition, to establish if the firm is secondary affected.
In order to be eligible as secondarily affected, the workers’
firm must be a supplier firm and the component parts it supplied
to a primary firm whose worker group is certified for TAA
accounted for at least 20 percent of the supplier firm sales; or
the loss of business by the workers’ firm contributed importantly
to the workers’ separation or threat of separation. Although
there were employment declines at General Cable there was no loss
of business to a primary firm whose workers were certified
eligible to apply for TAA.
The petitioner states that the closure of the General Cable,
Montoursville, Pennsylvania in August of 2001 reduced
significantly the volume of production at the Taunton facility,
and consequently was a reason of the subject company’s closure on
December 31, 2003.
While the Department agrees that the loss of business with
Montoursville facility might have led to worker separations from
the subject firm in 2001, there is no evidence that the subject
firm was secondary impacted during the relevant period. The
subject firm did not supply copper wire and unfinished PVC
compounds to the primary firm engaged in production whose workers
are currently certified as trade impacted during the relevant
time period.



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 23rd day of March, 2004

/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance