Compass Group USA, Inc., Canteen, Webster City, Iowa; Notice of Negative Determination on Reconsideration, 67775 [2010-27760]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Page 67775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27760]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-73,503]


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 afore-mentioned 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 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 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