Commonwealth Land Title Co., Northern CA Production Center, a Division of LandAmerica Financial Group, Inc., Martinez, California; Notice of Negative Determination Regarding Application for Reconsideration, 69711-69712 [E7-23796]

Download as PDF Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and section 246(a)(3)(A)(ii) of the Trade Act have been met. None. Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion (1) of section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. None. The Department has determined that criterion (2) of section 246 has not been met. Workers at the firm possess skills that are easily transferable. None. The Department has determined that criterion (3) of section 246 has not been met. Competition conditions within the workers’ industry are not adverse. TA–W–62,364; Cellular Express, Inc., d/ b/a/ Boston Communications Group, Inc., Bedford, MA. rmajette on PROD1PC64 with NOTICES Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. TA–W–62,272; Flint Group, Inc., Plymouth, MI. TA–W–62,293; Truck Specialty Center (TSC), International Truck and Engine Corporation; Springfield, OH. TA–W–62,414; Consistent Textile Industries, Inc., Dallas, NC. The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. None. The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in VerDate Aug<31>2005 15:35 Dec 07, 2007 Jkt 214001 production to a foreign country) have not been met. TA–W–62,247; Soller, LLC, Bennettsville, SC. TA–W–62,255; Liqui-Box Corporation; Upper Sandusky, OH. TA–W–62,358; Pelican and Company Manufacturing Group, LLC; Winnsboro, LA. TA–W–62,052; Freescale Semiconductor, Inc., New Product Introduction (NPI), CS1 Factory, Tempe, AZ. TA–W–62,325; Triton Operations, d/b/a Webster Hardwoods LLC; Bangor, WI. The workers’ firm does not produce an article as required for certification under section 222 of the Trade Act of 1974. TA–W–62,290; Wachovia Corp., Disbursement Dept., Retirement Service Div., Charlotte, NC. TA–W–62,326; Kasper LTD., Secaucus, NJ. TA–W–62,333; Liberty Fibers Corporation; Lowland, TN. TA–W–62,347; Alliance Title Company; Campbell, CA. TA–W–62,361; Kantar Operations, Rock Island, IL. TA–W–62,366; Curves; Berlin, NH. TA–W–62,378; Concentra Health Solutions, Workers Employed at Continental Tire North America; Charlotte, NC. TA–W–62,421; RCN Telecom Services, Wilkes-Barre, PA. TA–W–62,449; Newburgh Hardwood Co., Inc., Newburgh, IN. The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers’ firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. None. I hereby certify that the aforementioned determinations were issued during the period of November 13 through November 23, 2007. Copies of these determinations are available for inspection in Room C–5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: November 28, 2007. Ralph DiBattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7–23795 Filed 12–7–07; 8:45 am] BILLING CODE 4510–FN–P PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 69711 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,340] Commonwealth Land Title Co., Northern CA Production Center, a Division of LandAmerica Financial Group, Inc., Martinez, California; Notice of Negative Determination Regarding Application for Reconsideration By application dated November 16, 2007, the 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 October 26, 2007 and published in the Federal Register on November 6, 2007 (72 FR 62682). 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 negative TAA determination issued by the Department for workers of Commonwealth Land Title Co., Northern CA Production Center, a division of LandAmerica Financial Group, Inc., Martinez, California was based on the finding that the worker group does not produce an article within the meaning of Section 222 of the Trade Act of 1974. The investigation revealed that workers of the subject firm are engaged in research, data entry, analysis, and writing services. The investigation further revealed that no production of article(s) occurred within the firm or appropriate subdivision within the Commonwealth Land Title Co. and LandAmerica Financial Group, Inc. during the relevant time period. The petitioner contends that the Department erred in its interpretation of the work performed by the workers of the subject firm. The petitioner states that the Preliminary Title Report cited in the initial determination document is ‘‘only a by-product of the process’’ and that the ‘‘real Article is the Title Insurance Policy’’. The petitioner further clarifies that the process of E:\FR\FM\10DEN1.SGM 10DEN1 69712 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices issuing this Title Policy involves reviewing of the legal documentation, taxes, easements, etc., which is followed by the Preliminary Title Report, which in its turn, becomes the basis for the Title Insurance Policy. The Title Insurance Policy and Preliminary Title Reports are documents used by the subject firm as incidentals to the purpose of the services provided by workers of the subject firm. The investigation revealed that workers of Commonwealth Land Title Co., Northern CA Production Center, a division of LandAmerica Financial Group, Inc., Martinez, California are engaged in data entry, faxing and scanning, telephone services, research of the records systems, data analysis, writing various reports, and maintaining company data. These services, as described above, are not considered production of an article within the meaning of Section 222 of the Trade Act. No production took place at the subject facility and the workers did not support production of articles at any affiliated firm in the relevant time period. The petitioner also alleges that ‘‘the Title Examination function has been outsourced to India.’’ The allegation of a shift to another country might be relevant if it was determined that workers of the subject firm produced an article. However, the investigation determined that workers of Commonwealth Land Title Co., Northern CA Production Center, a division of LandAmerica Financial Group, Inc., Martinez, California do not produce an article within the meaning of Section 222 of the Trade Act of 1974. 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 in Washington, DC., this 28th day of November, 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–23796 Filed 12–7–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221 (a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221 (a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than December 20, 2007. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than December 20, 2007. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C–5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC., this 29th day of November 2007. Ralph DiBattista, Director, Division of Trade Adjustment Assistance. APPENDIX [TAA petitions instituted between 11/19/07 and 11/23/07] rmajette on PROD1PC64 with NOTICES TA–W 62476 62477 62478 62479 62480 62481 62482 62483 62484 62485 62486 62487 62488 62489 62490 62491 62492 62493 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ VerDate Aug<31>2005 Date of institution Subject firm (petitioners) Location Elixir Industries (Comp) ........................................................ Magnetics (State) ................................................................. Option One Mortgage Corporation (Wkrs) ........................... Grand Knitting (State) ........................................................... Carrier Corporation (AFL–CIO) ............................................ W. R. Hosiery (State) ........................................................... Specialty Minerals Mississippi, Inc. (Comp) ......................... Vaisala Inc. (Comp) .............................................................. Halmode/Kellwood Division (UNITE) .................................... Mountain Surf, Inc. (Wkrs) ................................................... Flextronics International USA Inc. (Comp) ........................... Tru Die Cast Corporaton (Comp) ......................................... Aleris International/Wabash Alloys (USW) ........................... CHF Industries, Inc. (Wkrs) .................................................. Lear Corporation—Morristown TN (UAW) ........................... Westchester Narrow Fabrics, Inc. (Wkrs) ............................ Thule Towing Systems d/b/a Titan (Comp) ......................... Electronic Data Systems/Contingency Management Services (Wkrs). Crossville, TN ........................ Booneville, AR ...................... Providence, RI ...................... North Amityville, NY .............. Collierville, TN ....................... Fort Payne, AL ...................... Brookhaven, MS ................... Tucson, AZ ............................ New York, NY ....................... Friendsville, MD .................... Youngsville, NC .................... New Troy, MI ........................ Dickson, TN .......................... Loris, SC ............................... Morristown, TN ...................... Milton, PA .............................. Wyandotte, MI ....................... Flint, MI ................................. 15:35 Dec 07, 2007 Jkt 214001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1 11/19/07 11/19/07 11/19/07 11/19/07 11/20/07 11/20/07 11/20/07 11/20/07 11/20/07 11/20/07 11/20/07 11/20/07 11/21/07 11/21/07 11/21/07 11/21/07 11/23/07 11/23/07 Date of petition 11/09/07. 11/19/07. 11/15/07. 11/16/07. 11/16/07. 11/19/07. 11/19/07. 11/19/07. 11/19/07. 11/19/07. 11/07/07. 11/09/07. 11/20/07. 11/07/07. 11/20/07. 09/20/07. 11/21/07. 11/12/07.

Agencies

[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Notices]
[Pages 69711-69712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23796]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,340]


Commonwealth Land Title Co., Northern CA Production Center, a 
Division of LandAmerica Financial Group, Inc., Martinez, California; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated November 16, 2007, the 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 October 26, 2007 and 
published in the Federal Register on November 6, 2007 (72 FR 62682).
    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 negative TAA determination issued by the Department for workers 
of Commonwealth Land Title Co., Northern CA Production Center, a 
division of LandAmerica Financial Group, Inc., Martinez, California was 
based on the finding that the worker group does not produce an article 
within the meaning of Section 222 of the Trade Act of 1974. The 
investigation revealed that workers of the subject firm are engaged in 
research, data entry, analysis, and writing services. The investigation 
further revealed that no production of article(s) occurred within the 
firm or appropriate subdivision within the Commonwealth Land Title Co. 
and LandAmerica Financial Group, Inc. during the relevant time period.
    The petitioner contends that the Department erred in its 
interpretation of the work performed by the workers of the subject 
firm. The petitioner states that the Preliminary Title Report cited in 
the initial determination document is ``only a by-product of the 
process'' and that the ``real Article is the Title Insurance Policy''. 
The petitioner further clarifies that the process of

[[Page 69712]]

issuing this Title Policy involves reviewing of the legal 
documentation, taxes, easements, etc., which is followed by the 
Preliminary Title Report, which in its turn, becomes the basis for the 
Title Insurance Policy.
    The Title Insurance Policy and Preliminary Title Reports are 
documents used by the subject firm as incidentals to the purpose of the 
services provided by workers of the subject firm. The investigation 
revealed that workers of Commonwealth Land Title Co., Northern CA 
Production Center, a division of LandAmerica Financial Group, Inc., 
Martinez, California are engaged in data entry, faxing and scanning, 
telephone services, research of the records systems, data analysis, 
writing various reports, and maintaining company data. These services, 
as described above, are not considered production of an article within 
the meaning of Section 222 of the Trade Act. No production took place 
at the subject facility and the workers did not support production of 
articles at any affiliated firm in the relevant time period.
    The petitioner also alleges that ``the Title Examination function 
has been outsourced to India.''
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
However, the investigation determined that workers of Commonwealth Land 
Title Co., Northern CA Production Center, a division of LandAmerica 
Financial Group, Inc., Martinez, California do not produce an article 
within the meaning of Section 222 of the Trade Act of 1974.

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 in Washington, DC., this 28th day of November, 2007.
 Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-23796 Filed 12-7-07; 8:45 am]
BILLING CODE 4510-FN-P