DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,502

ONSITE INTERNATIONAL INC.
EL PASO, TEXAS

Notice of Negative Determination
Regarding Application for Reconsideration

By application of July 28, 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 July 7, 2008, and
published in the Federal Register on July 28, 2008 (73 FR 43790).
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 Onsite International, Inc.,
El Paso, Texas engaged in administrative functions was denied
because the petitioning workers did not produce an article within
the meaning of Section 222 of the Act.
The workers of Onsite International Inc., El Paso, Texas
were previously certified eligible to apply for TAA under
petition number TA-W-55,702, which expired on October 13, 2006.
The investigation revealed that production at the subject firm
ceased in 2006.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility and
further conveys that workers of the subject company “handled all
aspects of shipping, receiving, repairing, repacking of the
garments”. The petitioner further states that the subject firm
produced articles in the last three years and workers of the
subject firm were previously certified eligible for TAA based on
a shift in production to Mexico. The petitioner seems to allege
that because the petitioning workers were part of the initial
certified worker group and remained employed by the subject firm
after all the production stopped and beyond October 13, 2006, the
current worker group, who are engaged in distribution of
articles, should be also eligible for TAA.
A company official of the subject firm verified that
production of articles was shifted from the subject firm to
Mexico in 2004 and that no production took place at the subject
firm since 2006. The official further clarified that workers of
the subject firm remained to end programs and dispose of the
assets after all production ceased.
The investigation revealed that the subject facility did not
manufacture articles since January 2006, when production shifted
to Mexico. Although a small amount of cutting continued until
early 2007, workers of the subject firm were not engaged in
production of an article or supporting production of the article
during the relevant time period.
Under the Trade Act of 1974, as amended, certification
of group eligibility to apply for TAA will be issued where a
shift of production is the alleged basis for certification
provided that 1) a significant number or proportion of the
workers of such workers' firm, or an appropriate subdivision,
have been totally or partially separated or are threatened to
become totally or partially separated; and 2) there has been a
shift in production from the workers’ firm or subdivision to an
eligible foreign country of articles like or directly competitive
with those produced by the subject firm or subdivision under
section 222(a)(2)(B)(i); and, either the foreign country is a
party to a free trade agreement with the United States under
section 222(a)(2)(B)(ii)(I), is a beneficiary country under
section 222(a)(2)(B)(ii)(II), or there has been or is likely to
be an increase in imports of like or directly competitive
articles. The Department interprets the standard for
certification as requiring that the shift of production of an
article to a foreign country must be a cause of the separations
of workers of the firm that were engaged in or supported the
production of that article.
That the subject workers were not separated, or threatened
with separation, until January 31, 2008 (two years after the
subject firm's shift of production of garments to Mexico)
supports the Department's findings that the subject workers'
employment with the subject firm was not dependent upon domestic
production and that the subject firm's shift of garment
production to Mexico was not a factor in the subject workers'
separations. Therefore, the Department determines that the group
eligibility to apply for benefits under the Trade Act of 1974, as
amended, has not been met.
Further, the Department found that no new information was
provided to contradict the original negative findings.







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 19th day of September 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-63,502

ONSITE INTERNATIONAL INC.
EL PASO, TEXAS

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 June 9, 2008 in response to
a petition filed by a company official on behalf of workers of
Onsite International Inc., El Paso, Texas. The workers are engaged
in administrative functions.
Onsite International Inc., El Paso, Texas, does not produce an
article within the meaning of Section 222(a)(2) of the Act. 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 and there must be a relationship between the
workers' work and the article produced by the workers' firm or
appropriate subdivision. The workers described above do not support
a firm or appropriate subdivision that produces an article
domestically and thus the worker group cannot be considered import
impacted or affected by a shift in production of an article.
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 Onsite International
Inc., El Paso, Texas, 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 7th day of July, 2008


/s/Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance





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