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]
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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
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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]
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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
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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]
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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
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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 https://
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 https://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 https://
www.regulations.gov. All documents in
the docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some documents
(e.g., copyrighted material) are not
publicly available to read or download
through https://www.regulations.gov. All
submissions, including copyrighted
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]]>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]
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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]
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