DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,778

PARK-OHIO, INC.
GENEVA RUBBER DIVISION
GENEVA, OHIO

Notice of Negative Determination
Regarding Application for Reconsideration

By application of January 31, 2004, the United Steelworkers
of America, Local Union 905L 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 January 12, 2004 and 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 TAA petition, filed on behalf of workers at Park-Ohio,
Inc., Geneva Rubber Division, Geneva, Ohio engaged in the
production of conduits and grommets, was denied because criterion
(2) was not met. Companywide sales and production of conduits
and grommets increased in 2002 compared to 2001 and further
increased in January-November, 2003 compared to the same period
in 2002. In addition, Park-Ohio, Inc. shifted production of
conduits and grommets from the subject facility to another
domestic location.
In the request for reconsideration, the union alleged that
sales and production at the subject facility could not have
increased in 2003, because production in Geneva, Ohio was
terminated in June of 2003.
It was determined during the original investigation that
Park-Ohio, Inc., Geneva Rubber Division, Geneva, Ohio did indeed
stop its production in June of 2003. However, all production
from this facility was transferred to a new facility in
Cleveland, Ohio. The company official was requested to provide
companywide sales and production figures for injection rubber
molded products which combined both Geneva and Cleveland
facilities. Analysis of this data determined that sales and
production at Park-Ohio, Inc. increased during the relevant
period.
The union official also alleges that Park-Ohio, Inc. did not
shift production from the subject facility domestically, but is
shifting it to China and Mexico.
Upon further review of the original investigation and
petitioner’s correspondence it was revealed that the same union
representative who signed a request for reconsideration, also
filed the petition for TAA. In the letter attached with the
original petition, the union representative states that “…Park-
Ohio Industries illegally moved our work to another facility in
Cleveland…”, which contradicts the petitioner’s later allegations
that there was no domestic shift in production. Furthermore, the
Department received several statements from the company official
of Park-Ohio, Inc. that confirm all production of conduits and
grommets was shifted from the subject facility to a new facility
in Cleveland, Ohio.
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 26th day of March, 2004
/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance