Petitioner Type: Company
Impact Date:
Filed Date: 04/30/2008
Most Recent Update: 05/19/2008
Determination Date: 05/19/2008
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,287
PAULSTRA CRC
SALES OFFICE
NOVI, MICHIGAN
Notice of Negative Determination
Regarding Application for Reconsideration
By application postmarked July 1, 2008, a petitioner
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 May
19, 2008 and published in the Federal Register on June 3, 2008
(73 FR 31716).
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 negative TAA determination issued by the Department for
workers of Paulstra CRC, Sales Office, Novi, Michigan was based
on the finding that the worker group does not produce an article
within the meaning of Section 222 of the Trade Act of 1974.
The petitioner stated that the workers of the subject firm
were Customer Service Representatives and that their job duties
directly supported production at Paulstra CRC. The petitioner
further stated that the duties of a Customer Service
Representative were to input orders, schedule delivery, customer
negotiations, price negotiations, etc. and that “without these
functions there would not have been any production.” The
petitioner alleged that because other facilities of Paulstra CRC
had been certified eligible for TAA, workers of the Sales Office
who are engaged in sales and customer support services should be
certified eligible for TAA.
A review of the initial investigation confirmed that the
workers of the subject facility support production at Paulstra
CRC, Grand Rapids, Michigan, (TA-W-61,908) during the relevant
period. The above mentioned production facility was certified
eligible for adjustment assistance on September 24, 2007.
However, the investigation also revealed that only one
worker was separated from the Sales Office since April 2007 and
there was no threat of future separations.
The subject company did not separate or threaten to separate
a significant number or proportion of workers, as required by
Section 222 of the Trade Act of 1974. Significant number or
proportion of the workers in a firm or appropriate subdivision
means at least three workers in a workforce of fewer than 50
workers, five percent of the workers in a workforce of over 50
workers, or at least 50 workers. Therefore, the subject facility
did not meet the threshold of employment declines and there was
no threat of separations during the relevant 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 in Washington, D.C., this 28th day of July 2008.
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,287
PAULSTRA CRC
SALES OFFICE
NOVI, MICHIGAN
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on April 30, 2008 in response
to a petition filed by a company official on behalf of workers of
Paulstra CRC, Sales Office, Novi, Michigan. The subject workers
are engaged in sales team support and customer service.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, the subject workers do not
support this production. Thus, the worker group cannot be
considered import impacted or affected by a shift in production of
an article.
Furthermore, the Paulstra CRC, Sales Office in Novi, Michigan,
was transferred to another domestic location of the firm, and all
but one worker retained their employment with the firm.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Paulstra CRC, Sales
Office, Novi, Michigan, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 19th day of May 2008
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-63,287
PAULSTRA CRC
SALES OFFICE
NOVI, MICHIGAN
Notice of Negative Determination
Regarding Application for Reconsideration
By application postmarked July 1, 2008, a petitioner
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 May
19, 2008 and published in the Federal Register on June 3, 2008
(73 FR 31716).
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 negative TAA determination issued by the Department for
workers of Paulstra CRC, Sales Office, Novi, Michigan was based
on the finding that the worker group does not produce an article
within the meaning of Section 222 of the Trade Act of 1974.
The petitioner stated that the workers of the subject firm
were Customer Service Representatives and that their job duties
directly supported production at Paulstra CRC. The petitioner
further stated that the duties of a Customer Service
Representative were to input orders, schedule delivery, customer
negotiations, price negotiations, etc. and that “without these
functions there would not have been any production.” The
petitioner alleged that because other facilities of Paulstra CRC
had been certified eligible for TAA, workers of the Sales Office
who are engaged in sales and customer support services should be
certified eligible for TAA.
A review of the initial investigation confirmed that the
workers of the subject facility support production at Paulstra
CRC, Grand Rapids, Michigan, (TA-W-61,908) during the relevant
period. The above mentioned production facility was certified
eligible for adjustment assistance on September 24, 2007.
However, the investigation also revealed that only one
worker was separated from the Sales Office since April 2007 and
there was no threat of future separations.
The subject company did not separate or threaten to separate
a significant number or proportion of workers, as required by
Section 222 of the Trade Act of 1974. Significant number or
proportion of the workers in a firm or appropriate subdivision
means at least three workers in a workforce of fewer than 50
workers, five percent of the workers in a workforce of over 50
workers, or at least 50 workers. Therefore, the subject facility
did not meet the threshold of employment declines and there was
no threat of separations during the relevant 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 in Washington, D.C., this 28th day of July 2008.
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,287
PAULSTRA CRC
SALES OFFICE
NOVI, MICHIGAN
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on April 30, 2008 in response
to a petition filed by a company official on behalf of workers of
Paulstra CRC, Sales Office, Novi, Michigan. The subject workers
are engaged in sales team support and customer service.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, the subject workers do not
support this production. Thus, the worker group cannot be
considered import impacted or affected by a shift in production of
an article.
Furthermore, the Paulstra CRC, Sales Office in Novi, Michigan,
was transferred to another domestic location of the firm, and all
but one worker retained their employment with the firm.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Paulstra CRC, Sales
Office, Novi, Michigan, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 19th day of May 2008
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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