DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,365

GLAD MANUFACTURING
CARTERSVILLE, GEORGIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of March 2, 2005, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Alternative Trade
Adjustment Assistance (ATAA).
The workers of Glad Manufacturing, Cartersville, Georgia
were certified eligible to apply for Trade Adjustment Assistance
(TAA) and denied to apply for ATAA on February 3, 2005. The
denial notice was published in the Federal Register on March 9,
2005 (70 FR 11706).
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 group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
In the request for reconsideration, the petitioner alleges
that the separated group of workers who are 50 years and older
includes employees whose skills are very limited and not easily
transferable to other positions.
The Department conducted additional investigation and
contacted company official to determine workers’ eligibility for
ATAA. Based on a the company official’s statements it was
revealed that there are several existing and new manufacturing
facilities within the commuting area, which are in the process of
hiring workers with skills similar to those possessed by the
subject worker group. Consequently, the investigation confirmed
that workers’ skills are easily transferable to other companies.



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 22nd day of March, 2005
/s/ Elliott S. Kushner

__________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance