United Steelworkers of Am., Local 915L v. Chao , 26 Ct. Int'l Trade 1330 ( 2002 )

Slip Op. 02 - 139
J U D G M E N T
UNITED STATES COURT OF INTERNATIONAL TRADE
Thomas J. Aquilino, Jr., Judge
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UNITED STEELWORKERS OF AMERICA, LOCAL :
915L, DISTRICT 9, AFL-CIO,
:
Plaintiff,
:
v. Court No. 02-00457
:
ELAINE L. CHAO, U.S. SECRETARY OF :
LABOR,
:
Defendant.
:
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The plaintiff having commenced this case for judicial
review of the denials by the Employment and Training Administra-
tion, U.S. Department of Labor sub. nom. Notice of Determinations
Regarding Eligibility To Apply for Worker Adjustment Assistance and
NAFTA Transitional Adjustment Assistance, 67 Fed.Reg. 35,140 (May
17, 2002), of certifications of eligibility to apply for such
assistance, Nos. TA-W-40,687, id., and NAFTA-TAA-05749, id. at 35,-
142; and the defendant having interposed a motion for voluntary
remand to conduct a further investigation and to make a redeter-
mination as to whether plaintiff's members are indeed eligible for
certification for worker adjustment assistance benefits; and the
court having granted defendant's motion; and the defendant having
filed herein a Notice of Revised Determination on Remand (Nov. 5,
2002), certifying that
Court No. 02-00457 Page 2
"All workers of Goodyear Dunlop, N.A. LTD, Huntsville,
Alabama (TA-W-40,687) who became totally or partially
separated from employment on or after November 28, 2000,
through two years from the issuance of this revised
determination, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974;"
and "All workers of Goodyear Dunlop, N.A. LTD, Hunts-
ville, Alabama (NAFTA-05749) who became totally or par-
tially separated from employment on or after December 11,
2000, through two years from the issuance of this revised
determination, are eligible to apply for NAFTA-TAA under
Section 250 of the Trade Act of 1974[;]"
and the plaintiff having responded with a Notice of Acceptance of
the Department of Labor's Determination on Remand (Nov. 18, 2002);
Now therefore, after due deliberation, it is
ORDERED, ADJUDGED and DECREED that defendant's Notice of
Revised Determination on Remand (Nov. 5, 2002) be, and it hereby
is, affirmed as aforesaid.
Dated: New York, New York
December 2, 2002
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Judge