Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance, 32230-32231 [2011-13785]
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Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices
herein presents summaries of
determinations regarding eligibility to
apply for trade adjustment assistance for
workers (TA–W) number and alternative
trade adjustment assistance (ATAA) by
(TA–W) number issued during the
period of May 16, 2011 through May 20,
2011.
In order for an affirmative
determination to be made for workers of
a primary firm and a certification issued
regarding eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(a) of the Act must be met.
I. Section (a)(2)(A) all of the following
must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. the sales or production, or both, of
such firm or subdivision have decreased
absolutely; and
C. increased imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have contributed importantly to such
workers’ separation or threat of
separation and to the decline in sales or
production of such firm or subdivision;
or
II. Section (a)(2)(B) both of the
following must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. there has been a shift in production
by such workers’ firm or subdivision to
a foreign country of articles like or
directly competitive with articles which
are produced by such firm or
subdivision; and
C. One of the following must be
satisfied:
1. The country to which the workers’
firm has shifted production of the
articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’
firm has shifted production of the
articles to a beneficiary country under
the Andean Trade Preference Act,
African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an
increase in imports of articles that are
like or directly competitive with articles
which are or were produced by such
firm or subdivision.
Also, in order for an affirmative
determination to be made for
secondarily affected workers of a firm
and a certification issued regarding
eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(b) of the Act must be met.
(1) Significant number or proportion
of the workers in the workers’ firm or
an appropriate subdivision of the firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
(2) the workers’ firm (or subdivision)
is a supplier or downstream producer to
a firm (or subdivision) that employed a
group of workers who received a
certification of eligibility to apply for
trade adjustment assistance benefits and
such supply or production is related to
the article that was the basis for such
certification; and
(3) either—
(A) The workers’ firm is a supplier
and the component parts it supplied for
the firm (or subdivision) described in
paragraph (2) accounted for at least 20
percent of the production or sales of the
workers’ firm; or
(B) a loss or business by the workers’
firm with the firm (or subdivision)
described in paragraph (2) contributed
importantly to the workers’ separation
or threat of separation.
In order for the Division of Trade
Adjustment Assistance to issue a
certification of eligibility to apply for
Alternative Trade Adjustment
Assistance (ATAA) for older workers,
the group eligibility requirements of
Section 246(a)(3)(A)(ii) of the Trade Act
must be met.
1. Whether a significant number of
workers in the workers’ firm are 50
years of age or older.
2. Whether the workers in the
workers’ firm possess skills that are not
easily transferable.
3. The competitive conditions within
the workers’ industry (i.e., conditions
within the industry are adverse).
Determinations Terminating
Investigations of Petitions for Worker
Adjustment Assistance
After notice of the petitions was
published in the Federal Register and
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. The
following determinations terminating
investigations were issued because the
petitioner has requested that the
petition be withdrawn.
Subject firm
80,039 ..........................
jlentini on DSK4TPTVN1PROD with NOTICES
TA–W No.
Michael Wrights Framing Concepts, Inc. ......................................................................................
I hereby certify that the
aforementioned determinations were
issued during the period of May 16,
2011 through May 20, 2011. Copies of
these determinations may be requested
under the Freedom of Information Act.
Request 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 Web site at https://
www.doleta.gov/tradeact under the
searchable listing of determinations.
VerDate Mar<15>2010
15:49 Jun 02, 2011
Jkt 223001
Location
Dated: May 26, 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–13787 Filed 6–2–11; 8:45 am]
BILLING CODE 4510–FN–P
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)
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
Kissimmee, FL.
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.
E:\FR\FM\03JNN1.SGM
03JNN1
32231
Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices
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 June 13, 2011.
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 June 13,
2011.
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 25th day of
May 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
APPENDIX
[TAA petitions instituted between 5/16/11 and 5/20/11]
TA–W
80181
80182
80183
80184
80185
.............
.............
.............
.............
.............
80186 .............
80187 .............
80188
80189
80190
80191
.............
.............
.............
.............
L’Oreal, USA (Workers) .................................
Palmer Johnson Yachts, LLC (Company) .....
Century Furniture Casegoods (Company) .....
Unigram (State/One-Stop) .............................
Iron Mountain Information Management, Inc.
(Company).
Colville Tribal Construction (State/One-Stop)
Bendonfield Management Services (Company).
Berkline/Benchcraft, LLC (Company) ............
Bristol Products Corporation (Company) .......
Rankin Manufacturing, Inc. (Company) .........
Tegrant Corporation (Company) ....................
Clark, NJ ........................................................
Sturgeon Bay, WI ...........................................
Hickory, NC ....................................................
Carson, CA .....................................................
Boston, MA .....................................................
05/16/11
05/16/11
05/19/11
05/19/11
05/19/11
05/09/11
05/04/11
05/18/11
05/11/11
05/17/11
Nespelem, WA ...............................................
Voorhees, NJ .................................................
05/19/11
05/20/11
05/18/11
04/18/11
Morristown, TN ...............................................
Bristol, TN ......................................................
New London, OH ...........................................
New Brighton, PA ...........................................
05/20/11
05/20/11
05/20/11
05/20/11
05/17/11
05/20/11
05/20/11
05/19/11
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–74,364]
International Business Machines (IBM),
Sales and Distribution Business Unit,
Global Sales Solution Department,
Division 91, Off-Site Teleworker in
Armonk, NY; Notice of Negative
Determination on Reconsideration
jlentini on DSK4TPTVN1PROD with NOTICES
Date of
petition
Location
[FR Doc. 2011–13785 Filed 6–2–11; 8:45 am]
On April 6, 2011, the Department of
Labor issued an Affirmative
Determination Regarding Application
for Reconsideration for the workers and
former workers of International
Business Machines (IBM), Sales and
Distribution Business Unit, Global Sales
Solution Department, off-site
teleworker, Centerport, New York. The
Department’s Notice was published in
the Federal Register on April 14, 2011
(76 FR 21033). The request for
reconsideration alleges that IBM
outsourced to India and China.
During the reconsideration
investigation, it was revealed that the
subject firm was mischaracterized.
During the reconsideration
investigation, the Department
determined that the correct subject firm
name and location is International
VerDate Mar<15>2010
Date of
institution
Subject firm (Petitioners)
15:49 Jun 02, 2011
Jkt 223001
Business Machines (IBM), Sales and
Distribution Business Unit, Global Sales
Solution Department, Division 91, offsite teleworker, Armonk, New York. The
subject worker group supply computer
software development and maintenance
services to the Sales and Distribution
Business Unit within IBM.
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 initial negative determination
was based on the findings that Section
222(a) and Section 222(c) of the Trade
Act of 1974, as amended (the Act) have
not been satisfied because fewer than
three workers were totally or partially
separated and further separations are
not threatened. The investigation also
revealed that the group eligibility
requirements under Section 222(f) of the
Act have not been satisfied because the
workers’ firm has not been identified by
name in an affirmative finding of injury
by the International Trade Commission.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
29 CFR 90.2 states that a significant
number or proportion of the workers
means at least three (3) workers in a
firm (or appropriate subdivision thereof)
with a workforce of fewer than 50
workers, or five (5) percent of the
workers or 50 workers, whichever is
less, in a workforce of 50 or more
workers.
A careful review of the administrative
record and additional information
obtained by the Department during the
reconsideration investigation confirmed
that the group eligibility requirements
under Section 222(a) and (c) of the Act
have not been met because fewer than
three workers were totally or partially
separated from IBM, Sales and
Distribution Business Unit, Global Sales
Solution Department, Division 91, or
threatened with such separation.
Moreover, new information obtained
during the reconsideration investigation
confirmed that only one person worked
within Division 91 of the Sales and
Distribution Department (working onsite at Armonk, New York or reporting
remotely to Armonk, New York).
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
International Business Machines (IBM),
Sales and Distribution Business Unit,
Global Sales Solution Department,
E:\FR\FM\03JNN1.SGM
03JNN1
]]>Agencies
[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Notices]
[Pages 32230-32231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13785]
-----------------------------------------------------------------------
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.
[[Page 32231]]
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 June 13, 2011.
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
June 13, 2011.
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 25th day of May 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
Appendix
[TAA petitions instituted between 5/16/11 and 5/20/11]
----------------------------------------------------------------------------------------------------------------
Date of Date of
TA-W Subject firm (Petitioners) Location institution petition
----------------------------------------------------------------------------------------------------------------
80181................... L'Oreal, USA (Workers).... Clark, NJ................. 05/16/11 05/09/11
80182................... Palmer Johnson Yachts, LLC Sturgeon Bay, WI.......... 05/16/11 05/04/11
(Company).
80183................... Century Furniture Hickory, NC............... 05/19/11 05/18/11
Casegoods (Company).
80184................... Unigram (State/One-Stop).. Carson, CA................ 05/19/11 05/11/11
80185................... Iron Mountain Information Boston, MA................ 05/19/11 05/17/11
Management, Inc.
(Company).
80186................... Colville Tribal Nespelem, WA.............. 05/19/11 05/18/11
Construction (State/One-
Stop).
80187................... Bendonfield Management Voorhees, NJ.............. 05/20/11 04/18/11
Services (Company).
80188................... Berkline/Benchcraft, LLC Morristown, TN............ 05/20/11 05/17/11
(Company).
80189................... Bristol Products Bristol, TN............... 05/20/11 05/20/11
Corporation (Company).
80190................... Rankin Manufacturing, Inc. New London, OH............ 05/20/11 05/20/11
(Company).
80191................... Tegrant Corporation New Brighton, PA.......... 05/20/11 05/19/11
(Company).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2011-13785 Filed 6-2-11; 8:45 am]
BILLING CODE 4510-FN-P
