Nortel Networks Corporation, Global Software Delivery Division, Site Readiness Group; Research Triangle Park, NC; Notice of Negative Determination Regarding Application for Reconsideration, 3488-3489 [E8-839]

Download as PDF 3488 Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Notices New information shows that ATW (Assembly Technology Worldwide) purchased certain assets of Bodine Corporation in November 2007. Some workers of the subject firm then became employees of ATW Bodine and their wages were reported under two separate unemployment insurance (UI) tax accounts for ATW Bodine and Bodine Corporation. Information also shows that worker separations have occurred involving employees of the Bridgeport, Connecticut facility of the subject firm who are located in Goshen, Kentucky and Allison Park, Pennsylvania. Mr. John Artman and Mr. Kevin Moore provided sale function services for the Bridgeport, Connecticut location of the subject firm. Accordingly, the Department is amending the certification to properly reflect these matters. The intent of the Department’s certification is to include all workers of Bodine Corporation who were adversely affected by increased customer imports. The amended notice applicable to TA–W–62,223 is hereby issued as follows: All workers of Bodine Corporation, including workers whose wages were paid by ATW Bodine, Bridgeport, Connecticut, including employees in support of Bodine Corporation, including workers whose wages were paid by ATW Bodine, Bridgeport, Connecticut located in Goshen, Kentucky (TA–W–62,223A) and Allison Park, Pennsylvania (TA–W–62,223B), who became totally or partially separated from employment on or after September 28, 2006, through November 20, 2009, 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 10th day of January 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–840 Filed 1–17–08; 8:45 am] rwilkins on PROD1PC63 with NOTICES BILLING CODE 4510–FN–P 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. DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,449] Delphi Corporation, Automotive Holding Group; Including On-Site Leased Workers of Securitas, Bartech, TAC Automotive, Interim, Breckenridge Enterprises/Dividend Staffing and Kelly Services, Wichita Falls, TX; 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 May 25, 2007, applicable to workers of Delphi Corporation, Automotive holding Group, including on-site leased workers of Securitas, Bartech, TAC Automotive, Interim, Dividend Staffing, and Kelly Services, Wichita Falls, Texas. The notice was published in the Federal Register on June 7, 2007 (72 FR 31615). 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 exhaust oxygen sensors. New information shows that the correct name of the on-site leasing firm Dividend Staffing should read Breckenridge Enterprises/Dividend Staffing. Some of the workers from Dividend Staffing separated from employment at the subject firm had their wages reported under the unemployment insurance (UI) tax account for Breckenridge Enterprises/ Dividend Staffing. Accordingly, the Department is amending the certification to clarify this matter. The intent of the Department’s certification is to include all workers employed on-site at Delphi Corporation, Automotive Holding Group, Wichita Falls, Texas, who were adversely affected by increased imports. The amended notice applicable to TA–W– 61,449 is hereby issued as follows: All workers of Delphi Corporation, Automotive Holding Group, including on-site leased workers of Securitas, Bartech, TAC Automotive, Interim, Breckenridge Enterprises/Dividend Staffing, and Kelly Services, Wichita Falls, Texas, who became totally or partially separated from employment on or after April 30, 2006, through May 25, 2009, are eligible to apply VerDate Aug<31>2005 16:37 Jan 17, 2008 Jkt 214001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 Signed at Washington, DC, this 10th day of January 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–838 Filed 1–17–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,188] Nortel Networks Corporation, Global Software Delivery Division, Site Readiness Group; Research Triangle Park, NC; Notice of Negative Determination Regarding Application for Reconsideration By application dated December 7, 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 November 8, 2007 and published in the Federal Register on November 21, 2007 (72 FR 65607). 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 Nortel Networks Corporation, Global Software Delivery Division, Site Readiness Group, Research Triangle Park, North Carolina 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 monitored customer’s hardware in preparation for software upgrades. The petitioner contends that the Department erred in its interpretation of the facts and alleges that the company E:\FR\FM\18JAN1.SGM 18JAN1 Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Notices official provided inaccurate information regarding the core responsibilities of the workers of the subject firm. The petitioner further states that workers of the subject firm ‘‘prepare a customer’s communications equipment to receive Nortel issued ‘‘Critical’’ patches/ upgrades necessary for the equipment to operate within FCC regulated guidelines.’’ The petitioner provided contact information for a different company official and requested further solicitation for all further information from this official. On reconsideration, the Department contacted subject firm’s company official as directed by the petitioner. This company official confirmed what was revealed in the initial investigation. The investigation revealed that workers of Nortel Networks Corporation, Global Software Delivery Division, Site Readiness Group, Research Triangle Park, North Carolina install software upgrades to customers’ telecommunication equipment and that petitioner’s description of the work performed at the subject firm is correct. Preparation of customer’s communications equipment and other functions, 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 jobs have been shifted from the subject firm to Mexico. 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 Nortel Networks Corporation, Global Software Delivery Division, Site Readiness Group, Research Triangle Park, North Carolina do not produce an article within the meaning of section 222 of the Trade Act of 1974. rwilkins on PROD1PC63 with NOTICES 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. VerDate Aug<31>2005 16:37 Jan 17, 2008 Jkt 214001 Signed in Washington, DC, this 10th day of January, 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–839 Filed 1–17–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,589] Hubbard Supply Company; Leased OnSite Workers Employed at AtreumBrighton, Brighton, MI; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on December 19, 2007 in response to a worker petition filed by the State Workforce Office on behalf of workers of Hubbard Supply Company employed at AtreumBrighton plant in Brighton, Michigan. The petitioning group of workers is covered by an active certification, TA– W–62,396. That certification was part of an Amended Notice of Revised Determination issued on January 8, 2008, and expiring on November 14, 2009. Signed at Washington, DC this 11th day of January 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–837 Filed 1–17–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2007–0011] Federal Advisory Council on Occupational Safety and Health Occupational Safety and Health Administration (OSHA), Labor. ACTION: Reopening of the record for submission of nominations for membership on the Federal Advisory Council on Occupational Safety and Health (FACOSH). AGENCY: SUMMARY: On December 10, 2007, OSHA published a Federal Register notice inviting interested parties to submit nominations for membership on FACOSH. In that notice, OSHA set a submission deadline of January 9, 2008. OSHA is reopening the record to allow PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 3489 additional time for interested parties to submit nominations. DATES: The revised deadline for submitting FACOSH nominations is February 19, 2008. ADDRESSES: You may submit nominations for FACOSH, identified by Docket No. OSHA–2007–0011, by any of the following methods: Electronically: Nominations, including attachments, may be submitted electronically at http:// www.regulations.gov, the Federal eRulemaking Portal. Follow the online instructions for submitting nominations. Facsimile: If your nomination, including attachments, does not exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693–1648. Mail, Express Delivery, Hand Delivery, Messenger or Courier Service: Submit three copies of your nomination to the OSHA Docket Office, Room N–2625, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–2350 (TTY number (877) 889–5627). Deliveries (hand, express mail, messenger and courier service) are accepted during the Department of Labor’s and Docket Office’s normal business hours, 8:15 a.m.—4:45 p.m., e.t. Instructions: All nominations for FACOSH must include the agency name and docket number for this Federal Register notice (Docket No. OSHA– 2007–0011). All submissions in response to this Federal Register notice, including personal information provided, will be posted without change at http://www.regulations.gov. Therefore, OSHA cautions interested parties about submitting personal information such as social security numbers and birth dates. Because of security-related procedures, submitting nominations by regular mail may result in a significant delay in their receipt. Please contact the OSHA Docket Office, at the address above, for information about security procedures for submitting nominations by hand delivery, express delivery, and messenger or courier service. For additional instructions and information on submitting nominations, see 72 FR 69713 (Dec. 10, 2007). Docket: To read or download submissions, go to http:// www.regulations.gov. All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some documents (e.g., copyrighted material) are not publicly available to read or download through http://www.regulations.gov. All submissions, including copyrighted E:\FR\FM\18JAN1.SGM 18JAN1

Agencies

[Federal Register Volume 73, Number 13 (Friday, January 18, 2008)]
[Notices]
[Pages 3488-3489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-839]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,188]


Nortel Networks Corporation, Global Software Delivery Division, 
Site Readiness Group; Research Triangle Park, NC; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated December 7, 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 November 8, 2007 and 
published in the Federal Register on November 21, 2007 (72 FR 65607).
    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 Nortel Networks Corporation, Global Software Delivery Division, Site 
Readiness Group, Research Triangle Park, North Carolina 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 monitored customer's hardware 
in preparation for software upgrades.
    The petitioner contends that the Department erred in its 
interpretation of the facts and alleges that the company

[[Page 3489]]

official provided inaccurate information regarding the core 
responsibilities of the workers of the subject firm. The petitioner 
further states that workers of the subject firm ``prepare a customer's 
communications equipment to receive Nortel issued ``Critical'' patches/
upgrades necessary for the equipment to operate within FCC regulated 
guidelines.'' The petitioner provided contact information for a 
different company official and requested further solicitation for all 
further information from this official.
    On reconsideration, the Department contacted subject firm's company 
official as directed by the petitioner. This company official confirmed 
what was revealed in the initial investigation. The investigation 
revealed that workers of Nortel Networks Corporation, Global Software 
Delivery Division, Site Readiness Group, Research Triangle Park, North 
Carolina install software upgrades to customers' telecommunication 
equipment and that petitioner's description of the work performed at 
the subject firm is correct. Preparation of customer's communications 
equipment and other functions, 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 jobs have been shifted from the 
subject firm to Mexico.
    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 Nortel Networks 
Corporation, Global Software Delivery Division, Site Readiness Group, 
Research Triangle Park, North Carolina 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 10th day of January, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-839 Filed 1-17-08; 8:45 am]
BILLING CODE 4510-FN-P