Carolina Telephone and Telegraph Company LLC, a Wholly Owned Subsidiary of Embarq Corporation, a Subsidiary of Centurylink, Inc., New Bern Call Center, New Bern, NC; Notice of Negative Determination Regarding Application for Reconsideration, 49535 [2010-20031]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Page 49535]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20031]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-72,908]


Carolina Telephone and Telegraph Company LLC, a Wholly Owned 
Subsidiary of Embarq Corporation, a Subsidiary of Centurylink, Inc., 
New Bern Call Center, New Bern, NC; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application dated July 14, 2010, petitioners 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 determination was issued on June 16, 2010. The 
Department's Notice of determination was published in the Federal 
Register on July 1, 2010 (75 FR 38142). The petition alleges that a 
merger of the subject firm with another firm led to duplication of 
services (call center support services for landline telephone, 
Internet, and related data communications) and, thus, the closure of 
the subject facility.
    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 determination was based on the findings that the 
subject firm did not shift to/acquire from a foreign country services 
like or directly competitive with the call center support activities 
provided by the subject workers, nor did the workers supply a service 
that was used in the production of an article or the supply of a 
service by a firm whose workers are currently eligible to apply for TAA 
on the basis of that article or service.
    In the request for reconsideration, the petitioner paraphrased the 
findings as presented in the negative determination and agreed that 
``[T]here was no shift in work to a foreign country nor was Embarq 
[parent company of the subject firm] acquired by a foreign country.''
    The petitioner did not supply facts not previously considered; nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

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 4th day of August, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-20031 Filed 8-12-10; 8:45 am]
BILLING CODE 4510-FN-P