Lexel Company Including On-Site Leased Workers of Westaff, Inc., Hutsonville, IL; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 10714-10715 [E6-2975]
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10714
Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Notices
indicator that IBM, and not BP,
controlled the workers in question.
While the petitioners themselves may
have worked only for BP, this is not the
case for the entire worker group.
IBM has stated [Business
Confidential] SAR at 761. See also SAR
at 723, 790.
6. BP was not responsible for
establishing wage rates or paying
salaries to individual IBM workers.
This issue does not appear to be a
matter of contention. The petitioners
have indicated that PwC/IBM, not BP,
set their wage rates and paid their
salaries, once they were outsourced.
SAR at 913. Therefore, the evidence
generated for evaluation of this criterion
indicates that BP did not exercise
operational control over the former IBM
employees.
7. BP did not provide skills training to
the workers of IBM.
This finding, which has been
corroborated by both IBM and BP
officials, is another strong indicator that
IBM controlled the workers in question.
[Business Confidential]
Moreover, there is evidence that PwC/
IBM provided training to the outsourced
Tulsa employees, both to ensure both
that they maintained the ability to
perform the duties they had previously
handled for BP and to help them acquire
new skills for career development
within their new firm. The
‘‘Pricewaterhouse Coopers Questions
and Answers for Outsourcing’’ (SAR at
69) states:
[Business Confidential] (Id.)
(emphasis in original).
Further, as instructed by the Court,
DOL did consider the fact that the
former IBM employees had been
employed by BP, performing the same
tasks as they subsequently performed
for PwC/IBM after being outsourced.
Opinion at 43, n. 38. While the situation
presented is superficially similar to that
presented in Former Employees of
Pittsburgh Logistics Systems, Inc. v.
USDOL, 27 ITRD 2125, 2003 WL 716272
*10 (February 28, 2003) (See SAR at
945), the IBM petitioners were not part
of a subdivision that was ‘‘integrated
into the [BP] corporate structure’’ (Id.)
and did not report ‘‘directly to [BP]
employees on all operational matters.’’
(Id.) Further, BP personnel did not
manage ‘‘all job tasks, direct[] which
employees could work at specific
locations and specifically relocate[] the
[IBM] subdivision along with certain
[BP] facilities * * * to [BP’s] facilities,
evaluate[] [IBM] employee job
performance, and advise[] which [IBM]
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17:54 Mar 01, 2006
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employees should receive merit salary
increases.’’ Id.7
Further, the situation of the
petitioners in Former Employees of
Wackenhut Corp. v. USDOL, Ct. No. 02–
00758, is not precedent as it was
decided under the former leased worker
policy, which looked only at whether
there was a contract and whether the
workers were on-site.
Conclusion
After careful consideration of the
record evidence, particularly that
developed through the remand
investigation, and the applicable
Department policy, I affirm the original
notice of negative determination of
eligibility for trade adjustment
assistance on the part of workers and
former workers of International
Business Machines Corporation, Tulsa,
Oklahoma. Signed at Washington, DC
this 6th day of February, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–2989 Filed 3–1–06; 8:45 am]
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,838]
Isabel Bloom LLC, Davenport, IA;
Notice of Termination of Investigation
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on February
13, 2006 in response to a petition filed
by a company official on behalf of
workers at Isabel Bloom LLC,
Davenport, Iowa.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC, this 16th day of
February, 2006.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–2969 Filed 3–1–06; 8:45 am]
BILLING CODE 4510–30–P
7 The Department has considered the issue of
whether to characterize employee leasing firms as
appropriate subdivisions of the producing firm. The
Department believes that this mode of analysis does
violence to the separate nature of independent
corporations. This case is an excellent example. No
one can reasonably suggest that IBM and BP are
legally related. The Department believes its new
leased worker policy, using an operational control
analysis, arrives at the same result without doing
violence to corporate legal formalities.
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,045]
Lexel Company Including On-Site
Leased Workers of Westaff, Inc.,
Hutsonville, IL; Amended Certification
Regarding Eligibility To Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance
In accordance with Section 223 of the
Trade Act of 1974 (19 U.S.C. 2273), and
Section 246 of the Trade Act of 1974 (26
U.S.C. 2813), as amended, the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance on December 6, 2005,
applicable to workers of Lexel
Company, including on-site leased
workers of Westaff, Inc., Hutsonville,
Illinois. The notice was published in the
Federal Register on December 21, 2005
(70 FR 75845).
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers were engaged in the production
of small electric motors (fractional H.P.
electrical motors).
A previous certification, TA–W–
52,202, was issued on August 7, 2003,
for workers of Lexel Company,
Hutsonville, Illinois which did not
include on-site leased workers of
Westaff, Inc. That certification expired
August 7, 2005. This certification is
being amended to change the impact
date for workers of Westaff, Inc., from
August 8, 2005 to September 28, 2004
(one year prior to the September 28,
2005 petition date). The impact date for
workers of Lexel Company remains
August 8, 2005.
Accordingly, the Department is
amending the certification to properly
reflect this matter.
The intent of the Department’s
certification is to clarify the period of
eligibility to apply for all workers of
Lexel Company, including on-site
leased workers of Westaff, Inc.,
Hutsonville, Illinois, who were
adversely affected by increased
customer imports.
The amended notice applicable to
TA–W–58,045 is hereby issued as
follows:
All workers of Lexel Company,
Hutsonville, Illinois who became totally or
partially separated from employment on or
after August 8, 2005 through December 6,
2007, and including on-site leased workers of
Westaff, Inc. at the Hutsonville site who
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Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Notices
became totally or partially separated from
employment on or after September 28, 2004
through December 6, 2007, are eligible to
apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade
adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed at Washington, DC this 16th day of
February, 2006.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–2975 Filed 3–1–06; 8:45 am]
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,816]
Outokumpu Advanced
Superconductors, Waterbury, CT
Notice of Termination of Investigation
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on February
9, 2006 in response to a worker petition
filed by a company official on behalf of
workers at Outokumpu Advanced
Superconductors, Waterbury,
Connecticut.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC this 17th day of
February, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–2968 Filed 3–1–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
wwhite on PROD1PC61 with NOTICES
Notice of Determinations Regarding
Eligibility To Apply for Worker
Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended, (19
U.S.C. 2273), the Department of Labor
herein presents summaries of
determinations regarding eligibility to
apply for trade adjustment assistance for
workers (TA–W) number and alternative
trade adjustment assistance (ATAA) by
(TA–W) number issued during the
periods of February 2006.
In order for an affirmative
determination to be made and a
certification of eligibility to apply for
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directly-impacted (primary) worker
adjustment assistance to be issued, each
of the group eligibility requirements of
Section 222(a) of the Act must be met.
I. Section (a)(2)(A) all of the following
must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. the sales or production, or both, of
such firm or subdivision have decreased
absolutely; and
C. increased imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have contributed importantly to such
workers’ separation or threat of
separation and to the decline in sales or
production of such firm or subdivision;
or
II. Section (a)(2)(B) both of the
following must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. there has been a shift in production
by such workers’ firm or subdivision to
a foreign country of articles like or
directly competitive with articles which
are produced by such firm or
subdivision; and
C. one of the following must be
satisfied:
1. The country to which the workers’
firm has shifted production of the
articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’
firm has shifted production of the
articles to a beneficiary country under
the Andean Trade Preference Act,
African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an
increase in imports of articles that are
like or directly competitive with articles
which are or were produced by such
firm or subdivision.
Also, in order for an affirmative
determination to be made and a
certification of eligibility to apply for
worker adjustment assistance as an
adversely affected secondary group to be
issued, each of the group eligibility
requirements of Section 222(b) of the
Act must be met.
(1) Significant number or proportion
of the workers in the workers’ firm or
an appropriate subdivision of the firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
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(2) the workers’ firm (or subdivision)
is a supplier or downstream producer to
a firm (or subdivision) that employed a
group of workers who received a
certification of eligibility to apply for
trade adjustment assistance benefits and
such supply or production is related to
the article that was the basis for such
certification; and
(3) either–
(A) The workers’ firm is a supplier
and the component parts it supplied for
the firm (or subdivision) described in
paragraph (2) accounted for at least 20
percent of the production or sales of the
workers’ firm; or
(B) a loss of business by the workers’
firm with the firm (or subdivision)
described in paragraph (2) contributed
importantly to the workers’ separation
or threat of separation.
Affirmative Determinations for Worker
Adjustment Assistance
The following certifications have been
issued; the date following the company
name and location of each
determination references the impact
date for all workers of such
determination.
The following certifications have been
issued. The requirements of (a)(2)(A)
(increased imports) of Section 222 have
been met.
TA–W–58,571; Parlex Corporation,
Multi Layer Business Unit,
Methuen, MA, January 4, 2005
TA–W–58,597; Cooper Standard
Automotive, North American
Sealing Systems Division, Gaylord,
MI, December 27, 2004
TA–W–58,630; Swagelok Biopharm
Services Company, North
Tonawanda, NY, January 5, 2005
TA–W–58,705; Daisy Outdoor Products,
BB Production Div., Salem, MO,
January 20, 2005
TA–W–58,750; Robert Bosch Tool Corp.,
A Subsidiary of Robert Bosch Corp.,
Leased Production Workers From
ESA/Resource, Heber Springs, AR,
January 30, 2005
TA–W–58,757; Swarovski North
America Limited, Crystal Goods
Div., Cranston, RI, January 30, 2005
TA–W–58,757A; Swarovski North
America Limited, Crystal
Components Div., Cranston, RI,
January 30, 2005
TA–W–58,658; CMOR Manufacturing,
Inc., Rocklin, CA, January 18, 2005
TA–W–58,431; Clarion Sintered Metals,
Ridgway, PA, November 30, 2004
TA–W–58,491; Hanes Dye and Finishing
Co., Winston-Salem, NC, October 9,
2005
TA–W–58,570; Sierra Manufacturing
Group, LLC, Including on-Site Lease
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Agencies
[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Notices]
[Pages 10714-10715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2975]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-58,045]
Lexel Company Including On-Site Leased Workers of Westaff, Inc.,
Hutsonville, IL; Amended Certification Regarding Eligibility To Apply
for Worker Adjustment Assistance and Alternative Trade Adjustment
Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C.
2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department of Labor issued a Certification of Eligibility
to Apply for Worker Adjustment Assistance and Alternative Trade
Adjustment Assistance on December 6, 2005, applicable to workers of
Lexel Company, including on-site leased workers of Westaff, Inc.,
Hutsonville, Illinois. The notice was published in the Federal Register
on December 21, 2005 (70 FR 75845).
At the request of the State agency, the Department reviewed the
certification for workers of the subject firm. The workers were engaged
in the production of small electric motors (fractional H.P. electrical
motors).
A previous certification, TA-W-52,202, was issued on August 7,
2003, for workers of Lexel Company, Hutsonville, Illinois which did not
include on-site leased workers of Westaff, Inc. That certification
expired August 7, 2005. This certification is being amended to change
the impact date for workers of Westaff, Inc., from August 8, 2005 to
September 28, 2004 (one year prior to the September 28, 2005 petition
date). The impact date for workers of Lexel Company remains August 8,
2005.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department's certification is to clarify the
period of eligibility to apply for all workers of Lexel Company,
including on-site leased workers of Westaff, Inc., Hutsonville,
Illinois, who were adversely affected by increased customer imports.
The amended notice applicable to TA-W-58,045 is hereby issued as
follows:
All workers of Lexel Company, Hutsonville, Illinois who became
totally or partially separated from employment on or after August 8,
2005 through December 6, 2007, and including on-site leased workers
of Westaff, Inc. at the Hutsonville site who
[[Page 10715]]
became totally or partially separated from employment on or after
September 28, 2004 through December 6, 2007, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, DC this 16th day of February, 2006.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-2975 Filed 3-1-06; 8:45 am]
BILLING CODE 4510-30-P