Former Employees of NL Industries, Inc. v. U.S. Department of Labor

Opinion

CARMAN, Judge:

Defendant Department of Labor moves pursuant to Rule 12(b)(5) of the Rules of this Court to dismiss this action for failure to state a claim upon which relief can be granted. Labor claims the plaintiffs failed to file their petition for trade adjustment assistance within the statutory deadline imposed by section 1421(a) of the Omnibus Trade and Competitiveness Act of 1988, Pub. L. No. 100-418, 102 Stat. 1107, 1242-43 (1988) (hereinafter OTCA). Plaintiffs, former employees of NL Industries represented pro se, failed to respond to this motion. On the basis of the facts of…