Sunshine Act Meetings, 47645 [2010-19538]
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Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices
those produced by the subject worker
group.
The intent of the Department is for a
certification to cover all workers of a
subject firm or appropriate subdivision
who were adversely affected by
increased imports of an article produced
by the firm or a shift in production of
the article, based on the investigation of
the TAA petition. Therefore, the
Department requested voluntary remand
to address the allegations made by the
two sets of plaintiffs, to determine
whether the subject worker group is
eligible to apply for TAA under the
Trade Act of 1974, as amended
(hereafter referred to as the Act), and to
issue an appropriate remand
determination.
To apply for worker adjustment
assistance under Section 222(a) of the
Act, 19 U.S.C. 2272(a), the following
criteria must be met:
I. The first criterion (set forth in
section 222(a)(1) of the Act, 19 U.S.C.
2272(a)(1)) requires that a significant
number or proportion of the workers in
the workers’ firm must have become
totally or partially separated or be
threatened with total or partial
separation.
II. The second criterion (set forth in
section 222(a)(2) of the Act, 19 U.S.C.
2272(a)(2)) may be satisfied if either:
(i)(I) There has been a shift by the
workers’ firm to a foreign country in the
production of articles or supply of
services like or directly competitive
with those produced/supplied by the
workers’ firm; or
(i)(II) there has been an acquisition
from a foreign country by the workers’
firm of articles/services that are like or
directly competitive with those
produced/supplied by the workers’ firm.
III. The third criterion requires that
the shift/acquisition must have
contributed importantly to the workers’
separation or threat of separation. See
section 222(a)(2)(B)(ii) of the Act, 19
U.S.C. 2272(a)(2)(B)(ii).
As amended by the Trade and
Globalization Adjustment Assistance
Act of 2009, section 222 of the Act (19
U.S.C. 2272) covers foreign contracting
scenarios, where a company closes a
domestic operation and contracts with a
company in a foreign country for the
goods or services that had been
produced in the United States.
During the remand investigation, the
Department obtained information from
the subject firm, solicited input from the
two sets of Plaintiffs, and addressed all
of the Plaintiffs’ allegations.
Based on the information collected
during the remand investigation, the
Department determined that the subject
worker group was impacted by a shift in
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production of articles like or directly
competitive with the locomotives,
locomotive kits, and propulsion and
specialty parts produced at the subject
facility.
The Department’s findings on remand
revealed that the subject firm engages in
practices that entail the transfer of work
to foreign countries under ‘‘localization’’
agreements in which the subject firm
penetrates into foreign markets under
joint ventures with entities in the
foreign country. Further, although the
subject firm asserts that the articles
manufactured at the facilities abroad are
not identical in nature to the articles
manufactured at the subject facility,
upon close examination of data
collected on remand, the Department
has determined that the articles
manufactured abroad are like or directly
competitive with those produced by the
subject worker group. The regulations
implementing the Act, at 29 CFR 90.2,
provide that ‘‘like or directly
competitive articles’’ include those
which are substantially identical in
inherent or intrinsic characteristics, as
well as those which are substantially
equivalent for commercial purposes.
After a painstaking review on remand,
the Department has determined that a
significant number or proportion of the
workers in the appropriate subdivision
of the subject firm was separated.
Further, the Department has determined
that a shift in production abroad of
articles like or directly competitive with
the articles produced by the subject
worker group contributed importantly to
worker group separations. Therefore, the
Department has determined that the
group eligibility requirements under
section 222(a)(2)(B) of the Trade Act of
1974, as amended, have been met.
Conclusion
47645
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 23rd day of
July 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. 2010–19390 Filed 8–5–10; 8:45 am]
BILLING CODE 4510–FN–P
NATIONAL LABOR RELATIONS
BOARD
Sunshine Act Meetings
TIME AND DATES:
All meetings are held at 2:30 p.m.
Tuesday, August 3;
Thursday, August 12;
Wednesday, August 18;
Wednesday, August 25;
Thursday, August 26;
Friday, August 27, 2010.
PLACE: Board Agenda Room, No. 11820,
1099 14th St., NW., Washington, DC
20570.
STATUS: Closed.
MATTERS TO BE CONSIDERED: Pursuant to
§ 102.139(a) of the Board’s Rules and
Regulations, the Board or a panel
thereof will consider ‘‘the issuance of a
subpoena, the Board’s participation in a
civil action or proceeding or an
arbitration, or the initiation, conduct, or
disposition * * * of particular
representation or unfair labor practice
proceedings under section 8, 9, or 10 of
the [National Labor Relations] Act, or
any court proceedings collateral or
ancillary thereto.’’ See also 5 U.S.C.
552b(c)(10).
CONTACT PERSON FOR MORE INFORMATION:
Lester A. Heltzer, Executive Secretary,
(202) 273–1067.
After careful review of the facts
during the remand investigation, I
determine that the workers’ firm has
shifted to foreign countries the
production of articles like or directly
competitive with those produced by the
subject firm or appropriate subdivision,
and such shift of production contributed
importantly to worker group separations
at the subject facility. In accordance
with section 223 of the Act, 19 U.S.C.
2273, I make the following certification:
Dated: August 4, 2010.
Lester A. Heltzer,
Executive Secretary.
All workers of General Electric Company,
Transportation Division, including on-site
leased workers from Adecco Technical, Erie,
Pennsylvania, who became totally or
partially separated from employment on or
after June 10, 2008, through two years from
the date of certification, and all workers in
the group threatened with total or partial
separation from employment on the date of
certification through two years from the date
AGENCY:
PO 00000
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[FR Doc. 2010–19538 Filed 8–4–10; 11:15 am]
BILLING CODE 7545–01–P
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[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Page 47645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19538]
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NATIONAL LABOR RELATIONS BOARD
Sunshine Act Meetings
TIME AND DATES:
All meetings are held at 2:30 p.m.
Tuesday, August 3;
Thursday, August 12;
Wednesday, August 18;
Wednesday, August 25;
Thursday, August 26;
Friday, August 27, 2010.
PLACE: Board Agenda Room, No. 11820, 1099 14th St., NW., Washington, DC
20570.
STATUS: Closed.
MATTERS TO BE CONSIDERED: Pursuant to Sec. 102.139(a) of the Board's
Rules and Regulations, the Board or a panel thereof will consider ``the
issuance of a subpoena, the Board's participation in a civil action or
proceeding or an arbitration, or the initiation, conduct, or
disposition * * * of particular representation or unfair labor practice
proceedings under section 8, 9, or 10 of the [National Labor Relations]
Act, or any court proceedings collateral or ancillary thereto.'' See
also 5 U.S.C. 552b(c)(10).
CONTACT PERSON FOR MORE INFORMATION: Lester A. Heltzer, Executive
Secretary, (202) 273-1067.
Dated: August 4, 2010.
Lester A. Heltzer,
Executive Secretary.
[FR Doc. 2010-19538 Filed 8-4-10; 11:15 am]
BILLING CODE 7545-01-P
