JLG Industries, Inc., Access Segment, a Subsidiary of Oshkosh Corporation, Including On-Site Leased Workers From Aerotek, McConnellsburg, PA; JLG Industries, Inc., Access Division, a Subsidiary of Oshkosh Corporation, Hagerstown, MD; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance, 43352 [2011-18239]
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43352
Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices
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.
Date: July 7, 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–18236 Filed 7–19–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–75,067; TA–W–75,076A]
sroberts on DSK5SPTVN1PROD with NOTICES
JLG Industries, Inc., Access Segment,
a Subsidiary of Oshkosh Corporation,
Including On-Site Leased Workers
From Aerotek, McConnellsburg, PA;
JLG Industries, Inc., Access Division, a
Subsidiary of Oshkosh Corporation,
Hagerstown, MD; Amended
Certification Regarding Eligibility To
Apply for Worker Adjustment
Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended (‘‘Act’’),
19 U.S.C. 2273, the Department of Labor
issued a Certification of Eligibility to
Apply for Worker Adjustment
Assistance on March 9, 2011, applicable
to workers and former workers of JLG
Industries, Inc., Access Segment, a
subsidiary of Oshkosh Corporation,
including on-site leased workers of
Aerotek, McConnellsburg, Pennsylvania
(JLG-McConnellsburg). The workers
produce access equipment. The
Department’s Notice was published in
the Federal Register on March 23, 2011
(76 FR 16449).
At the request of a worker separated
from the Hagerstown, Maryland facility,
the Department reviewed the
certification for workers of JLGMcConnellsburg.
New information supplied by the
workers and confirmed by JLG
Industries, Inc. revealed that the
Hagerstown, Maryland facility operated
in conjunction with JLGMcConnellsburg in the production of
access equipment and supplied design
engineering, global procurement supply
chain, safety, and reliability services
used in the production of equipment at
JLG-McConnellsburg.
Based on these findings, the
Department is amending this
certification to properly reflect these
matters.
VerDate Mar<15>2010
18:29 Jul 19, 2011
Jkt 223001
The amended notice applicable to
TA–W–75,067 is hereby issued as
follows:
All workers of JLG Industries, Inc., Access
Segment, a subsidiary of Oshkosh
Corporation, including on-site leased workers
from Aerotek, McConnellsburg, Pennsylvania
(TA–W–75,067) and JLG Industries, Inc.,
Access Division, a subsidiary of Oshkosh
Corporation, Hagerstown, Maryland (TA–W–
75,067A), who became totally or partially
separated from employment on or after
January 3, 2011, through March 9, 2013, and
all workers in the group threatened with total
or partial separation from employment on
March 9, 2011 through March 9, 2013, are
eligible to apply for adjustment assistance
under Chapter 2 of Title II of the Trade Act
of 1974, as amended.
Signed at Washington, DC, this 11th day of
July 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–18239 Filed 7–19–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–74,935]
Husqvarna Turf Care, a Subsidiary of
Husqvarna A.B., Beatrice, NE; Notice
of Negative Determination on
Reconsideration
On May 3, 2011, the Department of
Labor issued an Affirmative
Determination Regarding Application
for Reconsideration for the workers and
former workers of Husqvarna Turf Care,
a subsidiary of Husqvarna A.B.,
Beatrice, Nebraska (subject firm). The
Department’s Notice was published in
the Federal Register on May 20, 2011
(76 FR 29273). The workers are engaged
in activities related to the production of
zero turn mowers for commercial users
and home owners.
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 investigation resulted was
based on the findings that Criterion III
has not been met because the worker
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
separations are not attributable to
increased imports or a shift in
production to a foreign country. Rather,
the investigation established that the
worker separations were attributable to
a shift in production to an affiliated
facility within the United States, and
that the shift is attributable to business
considerations unrelated to increased
imports.
With regard to the affiliated facility
(TA–W–74,418) identified in the
petition, the investigation confirmed
that the shift by the workers’ firm of
computer-aided design (CAD) services
to a foreign country was unrelated to the
shift in production in this case.
With respect to Section 222(c) of the
Act, the investigation revealed that
Criterion (2) has not been met because
the firm is not a Supplier or
Downstream Producer to a firm that
employed a worker group eligible to
apply for Trade Adjustment Assistance.
In the request for reconsideration, the
petitioner stated that ‘‘it has been the
intent of Husqvarna to gradually but
progressively move these jobs to another
country or countries * * * It has been
rumored that he (a line leader) has been
given the ultimatum to increase his
production or they would move this line
to Germany. In addition to this, it was
rumored that they had built a new
building in Germany * * * and that our
PZ line was already running in Germany
before our plant had closed.’’
In an attachment to the request,
another worker stated that ‘‘we have
reports that some of our jobs have
already been moved to foreign soil and
that more will be in the future.’’
A careful review of the administrative
record and additional information
obtained by the Department during the
reconsideration investigation confirmed
that the worker separations are not
attributable to increased imports or a
shift in production to a foreign country.
Rather, the investigation established
that the worker separations were
attributable to a shift in production to
an affiliated facility within the United
States, and that all production was
moved to Orangeburg, South Carolina.
Further, the firm addressed the abovementioned petitioner allegations, in
addition to confirming that separations
were attributable to a shift in production
to an affiliated facility within the United
States, and that all production was
moved to Orangeburg, South Carolina.
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
E:\FR\FM\20JYN1.SGM
20JYN1
Agencies
[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Notices]
[Page 43352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18239]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-75,067; TA-W-75,076A]
JLG Industries, Inc., Access Segment, a Subsidiary of Oshkosh
Corporation, Including On-Site Leased Workers From Aerotek,
McConnellsburg, PA; JLG Industries, Inc., Access Division, a Subsidiary
of Oshkosh Corporation, Hagerstown, MD; Amended Certification Regarding
Eligibility To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as amended
(``Act''), 19 U.S.C. 2273, the Department of Labor issued a
Certification of Eligibility to Apply for Worker Adjustment Assistance
on March 9, 2011, applicable to workers and former workers of JLG
Industries, Inc., Access Segment, a subsidiary of Oshkosh Corporation,
including on-site leased workers of Aerotek, McConnellsburg,
Pennsylvania (JLG-McConnellsburg). The workers produce access
equipment. The Department's Notice was published in the Federal
Register on March 23, 2011 (76 FR 16449).
At the request of a worker separated from the Hagerstown, Maryland
facility, the Department reviewed the certification for workers of JLG-
McConnellsburg.
New information supplied by the workers and confirmed by JLG
Industries, Inc. revealed that the Hagerstown, Maryland facility
operated in conjunction with JLG-McConnellsburg in the production of
access equipment and supplied design engineering, global procurement
supply chain, safety, and reliability services used in the production
of equipment at JLG-McConnellsburg.
Based on these findings, the Department is amending this
certification to properly reflect these matters.
The amended notice applicable to TA-W-75,067 is hereby issued as
follows:
All workers of JLG Industries, Inc., Access Segment, a
subsidiary of Oshkosh Corporation, including on-site leased workers
from Aerotek, McConnellsburg, Pennsylvania (TA-W-75,067) and JLG
Industries, Inc., Access Division, a subsidiary of Oshkosh
Corporation, Hagerstown, Maryland (TA-W-75,067A), who became totally
or partially separated from employment on or after January 3, 2011,
through March 9, 2013, and all workers in the group threatened with
total or partial separation from employment on March 9, 2011 through
March 9, 2013, are eligible to apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974, as amended.
Signed at Washington, DC, this 11th day of July 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-18239 Filed 7-19-11; 8:45 am]
BILLING CODE 4510-FN-P