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]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[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