Dawson Metal Company, Inc., Industrial Division, Jamestown, NY; Notice of Negative Determination on Reconsideration, 65523-65524 [2010-26769]
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Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices
Authority and Signature
DEPARTMENT OF LABOR
David Michaels, PhD, MPH, Assistant
Secretary of Labor for Occupational
Safety and Health, 200 Constitution
Avenue, NW., Washington, DC 20210,
directed the preparation of this notice.
Accordingly, the Agency is issuing this
notice pursuant to Sections 6(b) and 8(g)
of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655 and 657),
Secretary of Labor’s Order No. 4–2010
(75 FR 55355), and 29 CFR part 1911.
Employment and Training
Administration
Signed at Washington, DC, on October 20,
2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–26894 Filed 10–22–10; 8:45 am]
BILLING CODE 4510–26–P
Investigations Regarding Certifications
of Eligibility To Apply for Worker
Adjustment Assistance
Petitions have been filed with the
Secretary of Labor under Section 221(a)
of the Trade Act of 1974 (‘‘the Act’’) and
are identified in the Appendix to this
notice. Upon receipt of these petitions,
the Director of the Division of Trade
Adjustment Assistance, Employment
and Training Administration, has
instituted investigations pursuant to
Section 221(a) of the Act.
The purpose of each of the
investigations is to determine whether
the workers are eligible to apply for
adjustment assistance under Title II,
Chapter 2, of the Act. The investigations
will further relate, as appropriate, to the
determination of the date on which total
or partial separations began or
threatened to begin and the subdivision
of the firm involved.
65523
The petitioners or any other persons
showing a substantial interest in the
subject matter of the investigations may
request a public hearing, provided such
request is filed in writing with the
Director, Division of Trade Adjustment
Assistance, at the address shown below,
not later than November 4, 2010.
Interested persons are invited to
submit written comments regarding the
subject matter of the investigations to
the Director, Division of Trade
Adjustment Assistance, at the address
shown below, not later than November
4, 2010. Copies of these petitions may
be requested under the Freedom of
Information Act. Requests may be
submitted by fax, courier services, or
mail, to FOIA Disclosure Officer, Office
of Trade Adjustment Assistance (ETA),
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210 or to foiarequest@dol.gov.
Signed at Washington, DC, this 14th of
October 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
APPENDIX
[TAA petitions instituted between 10/4/10 and 10/8/10]
TA–W
74691
74692
74693
74694
74695
74696
74697
74698
74699
74700
74701
74702
74703
74704
74705
74706
74707
.............
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.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
Location
Smurfit Stone Corporated (State/One-Stop) ..........................
Bank of America (Workers) ....................................................
UFE, Inc. (Workers) ...............................................................
IAC Greencastle (Union) ........................................................
Vico Company (Company) .....................................................
Motorola, Inc. (State/One-Stop) .............................................
Bank of America (Workers) ....................................................
Fraser, NH, LLC (Union) ........................................................
LabCorp (Workers) .................................................................
AT&T (Workers) .....................................................................
Avaya, Inc. (State/One-Stop) .................................................
Sperry and Rice Manufacturing Company, LLC (Workers) ...
Aviat, U.S., Inc. (Company) ...................................................
SuperValu, Inc. (State/One-Stop) ..........................................
Moll Industries (Workers) .......................................................
Busch Agricultural Resources, LLC (Workers) ......................
Biomet (Workers) ...................................................................
Jacksonville, FL .....................
Charlotte, NC .........................
El Paso, TX ............................
Greencastle, IN ......................
Sumter, SC ............................
Arlington Heights, IL ..............
State College, PA ..................
Gorham, NH ...........................
Richardson, TX ......................
Reynoldsburg, OH .................
Prior Lake, MN .......................
Killbuck, OH ...........................
Santa Clara, CA .....................
Hopkins, MN ..........................
Seagrove, NC ........................
Manitowoc, WI .......................
Parsippany, NJ ......................
[FR Doc. 2010–26767 Filed 10–22–10; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
emcdonald on DSK2BSOYB1PROD with NOTICES
[TA–W–70,395]
Dawson Metal Company, Inc.,
Industrial Division, Jamestown, NY;
Notice of Negative Determination on
Reconsideration
On January 21, 2010, the Department
of Labor issued an Affirmative
Determination Regarding Application
for Reconsideration for the workers and
former workers of the subject firm. The
VerDate Mar<15>2010
Date of
institution
Subject firm (petitioners)
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10/06/10
10/06/10
10/06/10
10/08/10
10/08/10
10/08/10
10/08/10
10/08/10
10/08/10
Date of
petition
09/29/10
09/24/10
09/20/10
10/05/10
10/04/10
09/22/10
09/15/10
09/28/10
09/29/10
09/29/10
10/05/10
10/04/10
10/06/10
10/06/10
10/04/10
09/01/10
10/07/10
Department’s Notice of affirmative
determination was published in the
Federal Register on February 16, 2010
(75 FR 7030). The workers are engaged
in employment related to precision
sheet metal fabrication.
The initial negative determination
based on the findings that the subject
firm did not increase their imports of
articles like or directly competitive with
the articles produced by the workers
during the relevant period and did not
shift to a foreign country the production
of like or directly competitive articles.
Further, a survey of the major declining
customer of the subject firm regarding
E:\FR\FM\25OCN1.SGM
25OCN1
emcdonald on DSK2BSOYB1PROD with NOTICES
65524
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices
purchases of precision sheet metal
fabrication for 2007, 2008, and January
through April 2009 revealed decreased
imports. The investigation also revealed
that the subject firm is not a supplier or
downstream producer to a firm that
employed a worker group eligible to
apply for Trade Adjustment Assistance
(TAA).
In the request for reconsideration, the
petitioner alleged that, in November
2008, the subject firm’s largest customer
transferred forty percent of its base
contract for self check-out cabinets to a
firm in Canada, and that the shift in
supplier caused a downturn in business
for the subject firm and the subsequent
worker separations.
In response to the request, the
Department sought further details about
the circumstances surrounding the
separations, especially the relationship
between the separations and the alleged
decline in sales to a customer which
allegedly began to outsource like and
directly competitive articles from a
Canadian firm.
The reconsideration investigation
revealed that the workers are separately
identifiable by product line and that the
subject firm sold two types of precision
sheet metal fabrication to the customer
named in the request for
reconsideration: Sheet metal cabinets
for self check-out units, and sheet metal
parts to modify those basic cabinets to
accommodate a variety of peripherals,
such as computers and cameras.
The reconsideration investigation
regarding self check-out units revealed
that the subject firm’s largest customer
did transfer a significant proportion of
its purchases of such cabinets for self
check-out units to a foreign source;
however, during the relevant period
sales of these self check-out cabinets to
this customer increased significantly.
Further, an analysis revealed that,
although the subject firm’s share of
cabinet purchases by this customer
declined, that customer so greatly
increased the amount of its purchases of
self check-out cabinets overall that its
purchases of those items from the
subject firm actually increased
significantly.
Additionally, during the
reconsideration investigation, the
subject firm provided the Department
with the names of its four largest
declining customers.
During the course of the original
investigation, customer surveys were
conducted for two firms which
accounted for 68% percent of the
decline in sales of the subject firm
during the first four months of 2009.
Those surveys revealed that one
company did not import any like or
VerDate Mar<15>2010
16:05 Oct 22, 2010
Jkt 223001
directly competitive articles during the
relevant period, while the other
decreased its imports of like and
directly competitive articles by 98
percent during the same period.
During the reconsideration
investigation, the Department contacted
a third company but did not survey the
customer because of the relatively
insignificant scale of the customer’s
decline. The fourth customer was the
customer identified in the request for
reconsideration. Because self check-out
unit sales by the subject firm to this
customer increased during the relevant
period (as stated above) and the workers
of the subject firm are separately
identifiable by product line, the
Department did not survey this
customer.
Conclusion
After a careful review of information
obtained during the reconsideration
investigation and previously-submitted
information, I affirm the original notice
of negative determination of eligibility
to apply for worker adjustment
assistance for workers and former
workers of Dawson Metal Company,
Inc., Industrial Division, Jamestown,
New York.
Signed in Washington, DC, this 7th day of
October 2010.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2010–26769 Filed 10–22–10; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–71,863]
United Auto Workers Local 1999,
Oklahoma City, OK; Notice of Negative
Determination Regarding Application
for Reconsideration
By application dated January 20,
2010, workers 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 United Auto
Workers Local 1999, Oklahoma City,
Oklahoma (the subject firm). The
determination was signed on November
23, 2009. The Notice of determination
was published in the Federal Register
on January 25, 2010 (75 FR 3939).
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under
the following circumstances:
PO 00000
Frm 00079
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 misinterpretation of facts or of
the law justified reconsideration of the
decision.
The negative determination of the
petition filed on behalf of workers at
United Auto Workers Local 1999,
Oklahoma City, Oklahoma, was based
on the findings that the workers at the
subject firm did not supply services that
support the production at the General
Motors sport utility vehicle (SUV),
Oklahoma City, Oklahoma plant, as
alleged in the petition, and are not
adversely-affected secondary workers.
In the request for reconsideration, the
workers rely solely on the subject firm’s
relationship with the General Motors
SUV plant in Oklahoma City,
Oklahoma. Workers at that facility had
been certified eligible to apply for TAA
under TA–W–63,965 (issued on October
8, 2008). The workers in the request for
reconsideration states that ‘‘our firm is
still operating and servicing General
Motors and its workers/retirees’’ even
though the plant at issue was
permanently closed in September 2008.
The workers also stated they are
seeking TAA certification as
secondarily-affected workers because
the subject firm ‘‘was and is a suppler
or downstream producer to the General
Motors SUV plant which employed a
group of workers who received
certification of eligibility under Section
222(a) of the Act.’’
The initial investigation by the
Department, however, and the
documentation of the subject firm’s
activities which accompanied the
request for reconsideration, reveal that
the subject firm is not a Supplier or
Downstream Producer to the General
Motors SUV plant at issue. Specifically,
the headings given to the
documentation which accompanied the
request for reconsideration illustrate
that the subject firm did not supply
services to the General Motors SUV
plant in Oklahoma City, Oklahoma that
were directly used in the production of
the article that was the basis for
certification of TA–W–63,965. For
example, under the overall heading of
‘‘Advertising, Publicity and Community
Awareness’’ was ‘‘Annual Oklahoma
State Fair Booth’’; ‘‘Parades’’; ‘‘Trade
Shows’’ and under the overall heading
of ‘‘Employee Classes/Services’’ was
‘‘Pre- and Post-Retirement Classes’’; ‘‘Job
E:\FR\FM\25OCN1.SGM
25OCN1
]]>Agencies
[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65523-65524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26769]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-70,395]
Dawson Metal Company, Inc., Industrial Division, Jamestown, NY;
Notice of Negative Determination on Reconsideration
On January 21, 2010, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of the subject firm. The Department's Notice of
affirmative determination was published in the Federal Register on
February 16, 2010 (75 FR 7030). The workers are engaged in employment
related to precision sheet metal fabrication.
The initial negative determination based on the findings that the
subject firm did not increase their imports of articles like or
directly competitive with the articles produced by the workers during
the relevant period and did not shift to a foreign country the
production of like or directly competitive articles. Further, a survey
of the major declining customer of the subject firm regarding
[[Page 65524]]
purchases of precision sheet metal fabrication for 2007, 2008, and
January through April 2009 revealed decreased imports. The
investigation also revealed that the subject firm is not a supplier or
downstream producer to a firm that employed a worker group eligible to
apply for Trade Adjustment Assistance (TAA).
In the request for reconsideration, the petitioner alleged that, in
November 2008, the subject firm's largest customer transferred forty
percent of its base contract for self check-out cabinets to a firm in
Canada, and that the shift in supplier caused a downturn in business
for the subject firm and the subsequent worker separations.
In response to the request, the Department sought further details
about the circumstances surrounding the separations, especially the
relationship between the separations and the alleged decline in sales
to a customer which allegedly began to outsource like and directly
competitive articles from a Canadian firm.
The reconsideration investigation revealed that the workers are
separately identifiable by product line and that the subject firm sold
two types of precision sheet metal fabrication to the customer named in
the request for reconsideration: Sheet metal cabinets for self check-
out units, and sheet metal parts to modify those basic cabinets to
accommodate a variety of peripherals, such as computers and cameras.
The reconsideration investigation regarding self check-out units
revealed that the subject firm's largest customer did transfer a
significant proportion of its purchases of such cabinets for self
check-out units to a foreign source; however, during the relevant
period sales of these self check-out cabinets to this customer
increased significantly.
Further, an analysis revealed that, although the subject firm's
share of cabinet purchases by this customer declined, that customer so
greatly increased the amount of its purchases of self check-out
cabinets overall that its purchases of those items from the subject
firm actually increased significantly.
Additionally, during the reconsideration investigation, the subject
firm provided the Department with the names of its four largest
declining customers.
During the course of the original investigation, customer surveys
were conducted for two firms which accounted for 68% percent of the
decline in sales of the subject firm during the first four months of
2009. Those surveys revealed that one company did not import any like
or directly competitive articles during the relevant period, while the
other decreased its imports of like and directly competitive articles
by 98 percent during the same period.
During the reconsideration investigation, the Department contacted
a third company but did not survey the customer because of the
relatively insignificant scale of the customer's decline. The fourth
customer was the customer identified in the request for
reconsideration. Because self check-out unit sales by the subject firm
to this customer increased during the relevant period (as stated above)
and the workers of the subject firm are separately identifiable by
product line, the Department did not survey this customer.
Conclusion
After a careful review of information obtained during the
reconsideration investigation and previously-submitted information, I
affirm the original notice of negative determination of eligibility to
apply for worker adjustment assistance for workers and former workers
of Dawson Metal Company, Inc., Industrial Division, Jamestown, New
York.
Signed in Washington, DC, this 7th day of October 2010.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-26769 Filed 10-22-10; 8:45 am]
BILLING CODE 4510-FN-P
