Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance, 67774-67775 [2010-27755]

Download as PDF 67774 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance on the Department’s Web site, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions. After notice of the petitions was published in the Federal Register and TA–W No. Subject firm 74,520 .................... 74,521 .................... Automation Engineering ...................................................... Johnson Material Handling .................................................. The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn. The following determinations terminating investigations were issued Location Fort Smith, AR Hackett, AR because the petitions are the subject of ongoing investigations under petitions TA–W No. Subject firm 74,268 .................... The Peltier Glass Company, Crossville, Inc ........................ I hereby certify that the aforementioned determinations were issued during the period of October 12, 2010 through October 15, 2010. Copies of these determinations 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 tofoiarequest@dol.gov. These determinations also are available on the Department’s website at https:// www.doleta.gov/tradeact under the searchable listing of determinations. Dated: October 22, 2010. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 2010–27756 Filed 11–2–10; 8:45 am] BILLING CODE 4510–FN–P Impact date filed earlier covering the same petitioners. Location Impact date Ottawa, IL DEPARTMENT OF LABOR Employment and Training Administration 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. 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 15, 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 15, 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 22nd day of October 2010. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. APPENDIX [TAA petitions instituted between 10/12/10 and 10/15/10] jlentini on DSKJ8SOYB1PROD with NOTICES TA–W 74708 74709 74710 74711 74712 74713 74714 74715 74716 74717 74718 74719 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ VerDate Mar<15>2010 Date of institution Subject firm (petitioners) Location Caire, Inc. (Workers) ............................................................ TeleTech (Company) ............................................................ Kasco/Sharp Tech (Company) ............................................. Silicon Valley Community Newspapers (Workers) ............... Xerox Corporation (Workers) ............................................... Lifetime Coatings (Workers) ................................................. Quest Diagnostics (Workers) ............................................... Kaiser Permanente (State/One-Stop) .................................. Dell Financial Services (Workers) ........................................ Borders Customer Contact Center (Company) .................... SecurAmerica (Workers) ...................................................... Forrest City Machine Works (State/One-Stop) .................... Plainfield, IN .......................... Greenville, SC ....................... Atlanta, GA ............................ San Jose, CA ........................ Lewisville, TX ........................ Quincy, IL .............................. West Norristown, PA ............. Oakland, CA .......................... Austin, TX ............................. LaVergne, TN ........................ Atlanta, GA ............................ Forrest City, AR .................... 19:21 Nov 02, 2010 Jkt 223001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 10/13/10 10/13/10 10/14/10 10/14/10 10/14/10 10/14/10 10/14/10 10/14/10 10/14/10 10/14/10 10/14/10 10/14/10 Date of petition 09/24/10 10/08/10 10/04/10 09/13/10 10/13/10 09/20/10 10/03/10 09/29/10 10/08/10 10/06/10 10/07/10 10/12/10 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67775 APPENDIX—Continued [TAA petitions instituted between 10/12/10 and 10/15/10] Date of institution Date of petition TA–W Subject firm (petitioners) Location 74720 ................ Environ Biocomposites Manufacturing, LLC (State/OneStop). Dillard’s, Inc. (State/One-Stop) ............................................. Allied Marketing Group (Company) ...................................... Mankato, MN ......................... 10/14/10 10/11/10 Little Rock, AR ...................... Dallas, TX ............................. 10/14/10 10/14/10 10/12/10 10/08/10 74721 ................ 74722 ................ [FR Doc. 2010–27755 Filed 11–2–10; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–73,503] jlentini on DSKJ8SOYB1PROD with NOTICES Compass Group USA, Inc., Canteen, Webster City, Iowa; Notice of Negative Determination on Reconsideration On September 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 notice was published in the Federal Register on September 29, 2010 (75 FR 60139). The initial investigation resulted in a negative determination based on the finding that the subject firm did not, during the investigation period, shift to a foreign country services like or directly competitive with the cafeteria services or vending machine services supplied by the workers or acquire from a foreign country services like or directly competitive with the cafeteria services or vending machine services supplied by the workers; that the workers’ separation, or threat of separation, was not related to any increase in imports of like or directly competitive food services or a shift in service/acquisition of such food services abroad; and that the workers did not supply a service that was directly used in the production of an article or the supply of service by a firm that employed a worker group that is eligible to apply for TAA based on the aforementioned article or service. In the request for reconsideration, the petitioner stated that the workers of the subject firm were service workers who provided food services to employees of Electrolux Home Products, Inc., Electrolux Major Appliances Division, Webster City, Iowa, who have been certified eligible for Trade Adjustment Assistance (TA–W–70,123, signed June 25, 2009). The petitioner went on to assert that the situation of the Compass VerDate Mar<15>2010 19:21 Nov 02, 2010 Jkt 223001 Group workers was the same as that of employees of Premier Manufacturing Support Services, a services provider to General Motors, Spring Hill, Tennessee, who were certified eligible to apply for TAA on March 12, 2010 (TA–W– 72,379). The difference in the outcome of the two cases results from the difference in the companies’ relationships to the production processes at the respective Electrolux and General Motors plants. The workers of Premier Manufacturing Support Services provided services (janitorial, maintenance, and hazardous waste disposal) that were directly involved in the production process at General Motors, Spring Hill, Tennessee. In contrast, the workers of the subject firm provided services (cafeteria services and vending machine services) that are not directly involved in the production process at Electrolux Home Products, Inc., Electrolux Major Appliances Division, Webster City, Iowa. During the course of the reconsideration investigation this office inquired into the relationship between Electrolux and the subject firm. It was determined that Electrolux exercised no day-to-day operational control over the employees of the subject firm. Consequently, the workers cannot be considered employees of Electrolux, but only of the subject firm, Compass Group USA. Furthermore, it should be noted that employees of American Food and Vending, Spring Hill, Tennessee, who provided food services to employees at that same General Motors plant in Spring Hill, Tennessee, were denied TAA certification (TA–W–72,606, signed March 19, 2010). In the request for reconsideration, the petitioner also asserted that the decision in the subject case is ‘‘contrary to the intent of the U.S. Congress in light of the changes [regarding service providers] it made to trade adjustment assistance by passage of the Trade Globalization Adjustment Assistance Act of 2009’’ and that in making those changes ‘‘one can only conclude that the U.S. Congress intended a broad interpretation’’ of the phrase ‘‘service PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 used in the production of articles or in the supply of service, * * *.’’ This office does not find that argument compelling and is not prepared to certify the workers in this case on the basis of the broad reading of the law given by the petitioner. 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 reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Compass Group USA, Inc., Canteen, Webster City, Iowa. Signed at Washington, DC, this 22nd day of October 2010. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2010–27760 Filed 11–2–10; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–74,116] Washington Department of Transportation, Olympic Division, Aberdeen Maintenance Office, Chehalis Drawbridge Tenders, Aberdeen, WA; Notice of Negative Determination Regarding Application for Reconsideration By application dated July 9, 2010, the Washington State Labor Council, AFL– CIO, requested administrative reconsideration of the negative determination regarding workers’ E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Pages 67774-67775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27755]


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DEPARTMENT OF LABOR

Employment and Training Administration


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.
    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 15, 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 15, 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 22nd day of October 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.

                                                    Appendix
                            [TAA petitions instituted between 10/12/10 and 10/15/10]
----------------------------------------------------------------------------------------------------------------
                                                                                      Date of         Date of
            TA-W              Subject firm (petitioners)         Location           institution      petition
----------------------------------------------------------------------------------------------------------------
74708......................  Caire, Inc. (Workers)......  Plainfield, IN........        10/13/10        09/24/10
74709......................  TeleTech (Company).........  Greenville, SC........        10/13/10        10/08/10
74710......................  Kasco/Sharp Tech (Company).  Atlanta, GA...........        10/14/10        10/04/10
74711......................  Silicon Valley Community     San Jose, CA..........        10/14/10        09/13/10
                              Newspapers (Workers).
74712......................  Xerox Corporation (Workers)  Lewisville, TX........        10/14/10        10/13/10
74713......................  Lifetime Coatings (Workers)  Quincy, IL............        10/14/10        09/20/10
74714......................  Quest Diagnostics (Workers)  West Norristown, PA...        10/14/10        10/03/10
74715......................  Kaiser Permanente (State/    Oakland, CA...........        10/14/10        09/29/10
                              One-Stop).
74716......................  Dell Financial Services      Austin, TX............        10/14/10        10/08/10
                              (Workers).
74717......................  Borders Customer Contact     LaVergne, TN..........        10/14/10        10/06/10
                              Center (Company).
74718......................  SecurAmerica (Workers).....  Atlanta, GA...........        10/14/10        10/07/10
74719......................  Forrest City Machine Works   Forrest City, AR......        10/14/10        10/12/10
                              (State/One-Stop).

[[Page 67775]]

 
74720......................  Environ Biocomposites        Mankato, MN...........        10/14/10        10/11/10
                              Manufacturing, LLC (State/
                              One-Stop).
74721......................  Dillard's, Inc. (State/One-  Little Rock, AR.......        10/14/10        10/12/10
                              Stop).
74722......................  Allied Marketing Group       Dallas, TX............        10/14/10        10/08/10
                              (Company).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-27755 Filed 11-2-10; 8:45 am]
BILLING CODE 4510-FN-P
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