Flowserve Corporation, Albuquerque, NM; Notice of Negative Determination on Reconsideration, 54799 [2011-22556]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Page 54799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22556]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-75,135]


Flowserve Corporation, Albuquerque, NM; Notice of Negative 
Determination on Reconsideration

    On April 6, 2011, the Department of Labor (Department) issued an 
Affirmative Determination Regarding Application for Reconsideration for 
the workers and former workers of Flowserve Corporation, Albuquerque, 
New Mexico (subject firm). The Notice was published in the Federal 
Register on April 14, 2011 (76 FR 21040). Workers at the subject firm 
manufactured industrial pumps. The petitioner (a State of New Mexico 
workforce agent) alleged that the subject firm shifted production to a 
foreign country.
    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 in a negative determination 
based on the findings that Section 222(a) of the Trade Act of 1974, as 
amended, was not met because no workers were totally or partially 
separated, or threatened with such separation, during the one year 
period before the petition date (January 21, 2011).
    In request for reconsideration, the State of New Mexico workforce 
agent asserted that ``at least 4 workers were separated during the one 
year period prior to the petition date'' and provided four support 
documents (``Separation Agreement and Release'' related to Louis 
Reynolds; ``Notice to Employees'' which is part of the ``Separation 
Agreement and Release''; ``Signatures'' which is part of the 
``Separation Agreement and Release''; and ``Support Documentation'') 
provided by Louis Reynolds.
    The ``Separation Agreement and Release'' document established that 
Louis Reynolds was separated from employment with Flowserve Corporation 
(Flowserve) on January 25, 2010.
    The ``Notice to Employees'' document identifies four individuals in 
the ``Charlotte, NC facility'' selected for separation and has a 
handwritten note that Louis Reynolds is one of the individuals.
    The ``Signatures'' document shows that Louis Reynolds signed the 
``Separation Agreement and Release'' on March 4, 2010.
    The fourth document is a narrative by Mr. Reynolds about the 
closure of the Albuquerque, New Mexico facility on March 31, 2009; his 
reassignment to Vernon, California in October 2009; his weekly commute 
to and from Albuquerque, New Mexico and Vernon, California during 
October 2009 through January 2010; and his separation from employment 
with Flowserve on January 25, 2010.
    During the reconsideration investigation, the Department contacted 
the State of New Mexico workforce agent who filed both the petition and 
the request for reconsideration for clarification. The Department also 
contacted Flowserve for clarification of previously-submitted 
information and additional information.
    The State of New Mexico workforce agent confirmed that his intent 
in filing the Trade Adjustment Assistance petition and the request for 
reconsideration was to assist Mr. Reynolds.
    Flowserve confirmed that production at the Albuquerque, New Mexico 
facility ceased in May 2009, that all production employees were 
separated in July 2009, and that all non-production employees were 
reassigned to the Vernon, California facility during August-September 
2009. Flowserve also confirmed that by January 2010, there were no 
workers at the Albuquerque, New Mexico facility.
    Flowserve also clarified that although Mr. Reynolds was reassigned 
from Albuquerque, New Mexico to Charlotte, North Carolina in June 2009, 
he assisted with the closure of the New Mexico facility until the end 
of July 2009 and worked at Vernon, California from August 2009 until he 
was separated from Flowserve.
    The reconsideration investigation also confirmed that neither the 
Vernon, California facility nor the Charlotte, North Carolina facility 
of Flowserve employed workers who are eligible to apply for Trade 
Adjustment Assistance.
    After a careful review of previously-submitted information and 
additional information obtained by the Department during the 
reconsideration investigation, the Department determines that there was 
no worker group at Flowserve Corporation, Albuquerque, New Mexico 
during the investigation period. Therefore, no workers were totally or 
partially separated from employment at Flowserve Corporation, 
Albuquerque, New Mexico, or threatened with such separation. Further, 
the Department determines that there was no mistake in fact and no 
misinterpretation of the facts or the law.

Conclusion

    After careful consideration of the administrative record, I affirm 
the original notice of negative determination of eligibility to apply 
for worker adjustment assistance for workers and former workers of 
Flowserve Corporation, Albuquerque, New Mexico.

    Signed in Washington, DC, on this 12th day of August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-22556 Filed 9-1-11; 8:45 am]
BILLING CODE 4510-FN-P