DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,227

GLENSHAW GLASS COMPANY
GLENSHAW, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of April 16, 2004, Glass, Molders, Plastics &
Allied Workers International Union, Local 134 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 March 18, 2004,
and published in the Federal Register on May 24, 2004 (69 FR
29575).
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 Glenshaw Glass Company,
Glenshaw, Pennsylvania was denied because criterion (1) was not
met. Employment at the subject plant did not decline from 2002
to 2003, and January 2004 as compared to January 2003.
The petitioner alleges that employment declined at least 5
percent “at this point” and questions total employment data
collected during the original investigation.
In the request for reconsideration, the company official
confirmed that there were no employment declines in 2003 and
January 2004. The official further stated that employment is
even likely to increase further in 2004.
The petitioner further alleges that production at the
subject facility was impacted by imports from Canada.
In order for import data to be considered, employment
declines must have occurred at the subject facility in the
relevant period. As criterion (1) has not been met for the
petitioning worker group, imports are irrelevant.
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 4th day of June, 2004
/s/ Elliott S. Kushner
__________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance