Ford Motor Company, Dearborn Truck Plant; Dearborn, MI; Notice of Affirmative Determination Regarding Application for Reconsideration, 53766 [E9-25159]
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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
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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:
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
(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
]]>Agencies
[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Notices]
[Page 53766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25159]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-70,326]
Ford Motor Company, Dearborn Truck Plant; Dearborn, MI; Notice of
Affirmative Determination Regarding Application for Reconsideration
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 sports-utility pickups did not contribute 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
