Former Employees of Merrill Corp. v. United States Dep't of Labor

Court of International Trade

Former Employees of Merrill Corp. v. United States Dep't of Labor

2006 CIT 72

CourtUnited States Court of International Trade

DecidedMay 17, 2006

Docket03-00662

StatusPublished

This text of 2006 CIT 72 (Former Employees of Merrill Corp. v. United States Dep't of Labor) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Former Employees of Merrill Corp. v. United States Dep't of Labor, 2006 CIT 72 (cit 2006).

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Opinion

Slip Op. 06-72

UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: GREGORY W. CARMAN, JUDGE

FORMER EMPLOYEES OF MERRILL CORPORATION,

Plaintiffs,

v. Court No. 03-00662 THE UNITED STATES DEPARTMENT OF LABOR,

Defendant.

ORDER

Upon consideration of Plaintiff’s letter dated April 14, 2006, advising the Court of a change in Department of Labor policy, it is hereby

ORDERED that this case is remanded to the Department of Labor to determine what, if any, affect its decision in Lands’ End, A Subsidiary of Sears Roebuck and Company, Business Outfitters CAD Operations, Dodgeville, Wisconsin (“Lands’ End”), 71 Fed. Reg. 18357 (Dep’t Labor Apr. 11, 2006) (notice of revised remand determination) has on Plaintiffs’ claim for Trade Adjustment Assistance certification; and it is further

ORDERED that the Department of Labor will specifically determine whether Plaintiffs produce an “intangible article” as contemplated in Lands’ End (see also, Former Employees of Elec. Data Sys. Corp. v. United States Sec’y of Labor, Slip Op. 06-53, 2006 Ct. Intl. Trade LEXIS 50 (CIT Apr. 17, 2006); and it is further

ORDERED that if the Department of Labor determines that Plaintiffs do not produce an “intangible article” as contemplated in Lands’ End the Department of Labor will provide the Court with a thorough and reasoned explanation for its denial; and it is further

ORDERED that the remand results shall be filed no later than July 17, 2006; and it is further ORDERED that Plaintiffs may file papers with the Court indicating whether they are satisfied or dissatisfied with the remand results no later than August 7, 2006; and it is further

ORDERED that Defendant may respond to Plaintiffs’ comments no later than August 21, 2006.

SO ORDERED.

The Clerk of the Court is directed to forward copies of this Order to counsel for the parties.

/s/ Gregory W. Carman Gregory W. Carman Judge

Dated: May 17, 2006. New York, New York

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