Consuelo E. Kelly, DBA Kelly International U.S.; Overland Park, KS; Notice of Negative Determination Regarding Application for Reconsideration, 53766-53767 [E9-25157]
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53766
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices
location of Emerson Network Power,
Embedded Computing. The Department
has determined that these workers were
sufficiently under the control of the
subject firm to be considered leased
workers.
Based on these findings, the
Department is amending this
certification to include workers leased
from Victory Personnel Services,
Coretek, SDI, and Collins working onsite at the Tempe, Arizona location of
the subject firm.
The amended notice applicable to
TA–W–70,066 is hereby issued as
follows:
All workers of Emerson Network Power,
Embedded Computing, including on-site
leased workers from Manpower, QTI, ACAE,
Victory Personnel Services, Coretek, SDI and
Collins, Tempe, Arizona, who became totally
or partially separated from employment on or
after May 18, 2008, through August 5, 2011,
and all workers in the group threatened with
total or partial separation from employment
on date of certification through two years
from the date of certification, are eligible to
apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974,
as amended.
Signed at Washington, DC, this 8th day of
October 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25161 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
importantly to worker separations at the
subject firm. The investigation revealed
that the subject firm did not shift
production of Ford F Series pickups and
Lincoln Mark LT sports-utility pickups
to foreign countries during the period
under investigation.
In the request for reconsideration, the
petitioner alleged that employment at
the subject firm was negatively
impacted by a shift in production of
pickups from the subject firm to South
Africa, Thailand, Mexico and Canada.
The petitioner also alleged that imports
of directly competitive products with
Ford F Series pickups contributed
importantly to the decline in sales at the
subject facility.
The Department has carefully
reviewed the request for reconsideration
and the existing record and has
determined that the Department will
conduct further investigation to
determine if the workers meet the
eligibility requirements of the Trade Act
of 1974.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the U.S. Department
of Labor’s prior decision. The
application is, therefore, granted.
Signed at Washington, DC, this 29th day of
September 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25159 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
[TA–W–70,326]
DEPARTMENT OF LABOR
Ford Motor Company, Dearborn Truck
Plant; Dearborn, MI; Notice of
Affirmative Determination Regarding
Application for Reconsideration
cprice-sewell on DSKGBLS3C1PROD with NOTICES
Employment and Training
Administration
Employment and Training
Administration
By application dated September 18,
2009, a petitioner requested
administrative reconsideration of the
negative determination regarding
workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA) applicable to
workers and former workers of the
subject firm. The determination was
issued on August 14, 2009. The Notice
of Determination was published in the
Federal Register on September 22, 2009
(74 FR 48302).
The initial investigation resulted in a
negative determination based on the
finding that imports of Ford F Series
pickups and Lincoln Mark LT sportsutility pickups did not contribute
Consuelo E. Kelly, DBA Kelly
International U.S.; Overland Park, KS;
Notice of Negative Determination
Regarding Application for
Reconsideration
VerDate Nov<24>2008
14:46 Oct 19, 2009
Jkt 220001
[TA–W–70,633]
By application dated September 9,
2009, a company official 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 August 12, 2009
and published in the Federal Register
on September 22, 2009 (74 FR 48301).
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under
the following circumstances:
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(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
Consuelo E. Kelly, dba Kelly
International U.S., Overland Park,
Kansas was based on the finding that
the worker group number threshold was
not met in accordance with the group
eligibility requirements of Section 222
of the Trade Act of 1974. Section 222 of
the Trade Act defines an eligible worker
‘‘group’’ as ‘‘three or more workers in a
firm or an appropriate subdivision.’’ As
the total worker number at Consuelo E.
Kelly, Overland Park, Kansas was two in
the relevant period, the worker group
did not meet the group eligibility
requirements for trade adjustment
assistance.
In the request for reconsideration the
petitioner alleged that even though the
worker group accounted for two
employees during the relevant period,
the number of workers in the worker
group should not be a determining
factor for determining of the Kelly
International’s eligibility for TAA.
The number of workers in the worker
group and number of separated workers
during the relevant period are elements
that are relevant in determining
workers’ eligibility for TAA as
established by the Trade Act of 1974.
This criteria is outlined in the
legislation and regulations as stated in
the determination dated August 12,
2009.
When assessing eligibility for TAA,
the Department exclusively considers
employment numbers at the subject firm
during the relevant period (one year
prior to the date of the petition). Since
the subject firm employed only two
workers during the relevant period the
workers do not meet the eligibility
requirement of the trade act in the
current investigation.
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.
E:\FR\FM\20OCN1.SGM
20OCN1
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices
Signed in Washington, DC, this 29th day of
September 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25157 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–70,028]
cprice-sewell on DSKGBLS3C1PROD with NOTICES
Three Rivers Timber, Inc.; Kamiah, ID;
Notice of Revised Determination on
Reconsideration
By application dated September 15,
2009, a company official requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility for workers and
former workers of the subject firm to
apply for Trade Adjustment Assistance
(TAA).
The initial investigation resulted in a
negative determination signed on
September 4, 2009, was based on the
finding that imports of softwood lumber
did not contribute importantly to
worker separations at the subject firm
and there was no shift in production of
softwood lumber from the subject firm
abroad. The denial notice will soon be
published in the Federal Register.
In the request for reconsideration, the
petitioner requested the Department of
Labor conduct further analysis of the
data reported by the customers of the
subject firm and imports that are like or
directly competitive with softwood
lumber.
The Department further reviewed
responses of a sample customer survey
conducted during the initial
investigation. On further analysis, it has
been determined that the survey
revealed that customers increased their
reliance on imported softwood lumber,
while decreasing their purchases from
the subject firm from 2007 to 2008.
The investigation also revealed that
employment, sales and production at
Three Rivers Timber, Inc., Kamiah,
Idaho declined absolutely during the
relevant period.
Furthermore, it was determined that
increased reliance on imports of
softwood lumber by the customers of
the subject firm contributed importantly
to the worker group separation and
sales/production declines at Three
Rivers Timber, Inc. in Kamiah, Idaho.
Conclusion
After careful review of the additional
facts obtained on reconsideration, I
VerDate Nov<24>2008
14:46 Oct 19, 2009
Jkt 220001
determine that workers of Three Rivers
Timber, Inc., Kamiah, Idaho, who are
engaged in activities related to the
production of softwood lumber meet the
worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C.
2272(a). In accordance with Section 223
of the Act, 19. U.S.C. 2273, I make the
following certification:
All workers of Three Rivers Timber, Inc.,
Kamiah, Idaho, who became totally or
partially separated from employment on or
after May 18, 2008, through two years from
the date of this certification, and all workers
in the group threatened with total or partial
separation from employment on date of
certification through two years from the date
of certification, are eligible to apply for
adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
Signed in Washington, DC, this 7th day of
October 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25150 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
53767
Clarinda, Iowa to be included in the
certification determination established
for the subject firm.
Based on these findings, the
Department is amending this
certification to include workers from
Brandon Hall working on-site at the
Clarinda, Iowa location of H&H Trailer
Company.
The amended notice applicable to
TA–W–65,216 is hereby issued as
follows:
All workers of H&H Trailer Company,
including on-site workers from Brandon Hall,
Clarinda, Iowa, who became totally or
partially separated from employment on or
after February 10, 2008 through February 25,
2011, 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 8th day of
October 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–25147 Filed 10–19–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
DEPARTMENT OF LABOR
[TA–W–65,216]
Employment and Training
Administration
H&H Trailer Company, Including OnSite Workers From Brandon Hall;
Clarinda, IA; 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 February 25, 2009,
applicable to workers of H&H Trailer
Company, Clarinda, Iowa. The notice
was published in the Federal Register
on March 19, 2009 (74 FR 11757).
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 trailers.
New information shows that workers
from Brandon Hall were employed onsite to provide hauling services for the
Clarinda, Iowa location of H&H Trailer
Company. The Department has
determined that these workers were
sufficiently under the control and in
support of H&H Trailer Company,
PO 00000
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Fmt 4703
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[TA–W–70,812]
Performance Fibers Operations, Inc.,
Salisbury Plant, Including On-Site
Leased Workers From Mundy
Maintenance Services and Operations
and UTi Integrated Logistics, Formerly
Known as Standard Corporation;
Salisbury, NC; Amended Certification
Regarding Eligibility To Apply for
Worker Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended (‘‘Act’’),
19 U.S.C. 2273, the Department of Labor
issued a Certification of Eligibility to
Apply for Worker Adjustment
Assistance on July 7, 2009, applicable to
workers of Performance Fibers
Operations, Inc., Salisbury Plant,
Salisbury, North Carolina. The notice
was published in the Federal Register
on August 19, 2009 (74 FR 41933). The
notice as amended on July 23, 2009 to
include on-site leased workers from
Mundy Maintenance, Services and
Operations, LLC and UTi Integrated
logistics. The notice was published in
the Federal Register on August 5, 2009
(74 FR 39106).
At the request of the State Agency, the
Department reviewed the certification
for workers of the subject firm. The
workers are engaged in the production
E:\FR\FM\20OCN1.SGM
20OCN1
]]>Agencies
[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Notices]
[Pages 53766-53767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25157]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-70,633]
Consuelo E. Kelly, DBA Kelly International U.S.; Overland Park,
KS; Notice of Negative Determination Regarding Application for
Reconsideration
By application dated September 9, 2009, a company official
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 August 12, 2009 and
published in the Federal Register on September 22, 2009 (74 FR 48301).
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 Consuelo E. Kelly, dba Kelly International U.S., Overland Park,
Kansas was based on the finding that the worker group number threshold
was not met in accordance with the group eligibility requirements of
Section 222 of the Trade Act of 1974. Section 222 of the Trade Act
defines an eligible worker ``group'' as ``three or more workers in a
firm or an appropriate subdivision.'' As the total worker number at
Consuelo E. Kelly, Overland Park, Kansas was two in the relevant
period, the worker group did not meet the group eligibility
requirements for trade adjustment assistance.
In the request for reconsideration the petitioner alleged that even
though the worker group accounted for two employees during the relevant
period, the number of workers in the worker group should not be a
determining factor for determining of the Kelly International's
eligibility for TAA.
The number of workers in the worker group and number of separated
workers during the relevant period are elements that are relevant in
determining workers' eligibility for TAA as established by the Trade
Act of 1974. This criteria is outlined in the legislation and
regulations as stated in the determination dated August 12, 2009.
When assessing eligibility for TAA, the Department exclusively
considers employment numbers at the subject firm during the relevant
period (one year prior to the date of the petition). Since the subject
firm employed only two workers during the relevant period the workers
do not meet the eligibility requirement of the trade act in the current
investigation.
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.
[[Page 53767]]
Signed in Washington, DC, this 29th day of September 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-25157 Filed 10-19-09; 8:45 am]
BILLING CODE 4510-FN-P
