International Business Machines (IBM), Software Group Business Unit, Quality Assurance Group, San Jose, California; Notice of Negative Determination on Reconsideration, 54800-54801 [2011-22562]
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54800
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Notices
Signed in Washington, DC, on this 11th
day of August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–73,351]
[FR Doc. 2011–22555 Filed 9–1–11; 8:45 am]
Sandy Alexander, Clifton, NJ; Notice of
Negative Determination on
Reconsideration
erowe on DSK5CLS3C1PROD with NOTICES
On January 21, 2011, the Department
of Labor issued an Affirmative
Determination Regarding Application
for Reconsideration for the workers and
former workers of Sandy Alexander,
Clifton, New Jersey (subject firm). The
Department’s Notice was published in
the Federal Register on February 2,
2011 (76 FR 5832). The workers are
engaged in activities related to the
production of printed materials.
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 the petitioning worker
group did not meet the eligibility
criteria set forth in the Trade Act of
1974, as amended.
In request for reconsideration, the
petitioner supplied new information
regarding an alleged shift in production
to China.
A careful review of the administrative
record and additional information
obtained by the Department during the
reconsideration investigation confirmed
that the subject firm did not shift to, nor
acquire from, a foreign country articles
that are like or directly competitive with
articles produced by the subject firm.
Further, during the reconsideration
investigation, the Department reviewed
previously-submitted information and
determined that there was no mistake in
fact and no misinterpretation of the facts
or the law.
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 Sandy
Alexander, Clifton, New Jersey.
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15:37 Sep 01, 2011
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BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–74,554]
International Business Machines (IBM),
Software Group Business Unit, Quality
Assurance Group, San Jose,
California; Notice of Negative
Determination on Reconsideration
On January 21, 2011, the Department
of Labor (Department) issued an
Affirmative Determination Regarding
Application for Reconsideration for the
workers and former workers of
International Business Machines (IBM),
Software Group Business Unit, Optim
Data Studio Tools QA, San Jose,
California (subject firm). The
Department’s Notice was published in
the Federal Register on February 2,
2011 (76 FR 5832). The subject worker
group supplies acceptance testing
services, design consulting services, and
call center services.
The negative determination of the
Trade Adjustment Assistance petition
filed by a State of California workforce
agent on behalf of workers at the subject
firm was based on the Department’s
finding that Criterion (1) has not been
met because the Department did not
find that a significant number or
proportion of the workers at IBM,
Software Group Business Unit, Optim
Data Studio Tools QA, San Jose,
California was totally or partially
separated, or threatened with
separation.
29 CFR 90 defines ‘‘significant
number or proportion of the workers’’ to
mean ‘‘(a) In most cases, the total or
partial separations, or both, in a firm or
appropriate subdivision thereof, are the
equivalent to a total of unemployment
of five percent (5 percent) of the workers
or 50 workers, whichever is less; or (b)
At least three workers in a firm (or
appropriate subdivision thereof) with a
workforce of fewer than 50 workers.’’
In his request for reconsideration, a
worker stated that ‘‘I was an employee
of Information Management Group
where * * * over 100+ employees have
been let go from this particular group
* * * In my specific HPU group (High
Performance Unload tooling group) I
was the only full time employee
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Fmt 4703
Sfmt 4703
working in the U.S.A. validating the
quality of this produce running
Acceptance testing.’’ The request for
reconsideration included a diagram that
shows that ‘‘HPU tooling’’ is a group
within ‘‘Information Management,’’
which is a unit within the ‘‘Software
Division’’ of IBM.
New information obtained from the
subject firm during the reconsideration
investigation shows that the Optim Data
Studio Tools QA unit is a subset of the
Quality Assurance Group, which is part
of the Software Group Business Unit of
IBM, and that the HPU Tooling Group
is a project handled by members of the
Quality Assurance Group rather than a
distinct subgroup of IBM. As such, the
Department determines that the subject
worker group consists of workers of
IBM, Software Group Business Unit,
Quality Assurance Group, San Jose,
California.
During the reconsideration
investigation, the Department received
information that there was only one
worker separation within the subject
worker group and that no workers of the
subject worker group was threatened
with separation (partial or total), as
defined by 29 CFR 90. Rather, the new
information obtained during the
reconsideration investigation revealed
that employment within the Quality
Assurance Group (San Jose, California
facility) increased in 2010 from 2009
levels.
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 misinterpretation of facts or of
the law justified reconsideration of the
decision.
After careful review of the
administrative record and new
information collected during the
reconsideration investigation, the
Department determines that, in light of
the new information, the determination
complained of is not erroneous; that the
determination complained of is not
based on a mistake in the determination
of facts not previously considered; and
that there has not been a
misinterpretation of facts or of the law.
Conclusion
After reconsideration, I affirm the
original notice of negative
determination of eligibility to apply for
E:\FR\FM\02SEN1.SGM
02SEN1
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Notices
worker adjustment assistance for
workers and former workers of
International Business Machines (IBM),
Software Group Business Unit, Quality
Assurance Group, San Jose, California.
Signed in Washington, DC on this 22nd
day of August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–22562 Filed 9–1–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–80,213]
erowe on DSK5CLS3C1PROD with NOTICES
Healthlink, a Wellpoint, Inc. Company,
Accounts Receivable and Collections
Division, St. Louis, MO; Notice of
Negative Determination Regarding
Application for Reconsideration
By application received July 14, 2011,
a worker requested administrative
reconsideration of the negative
determination regarding workers’
eligibility to apply for Trade Adjustment
Assistance (TAA) applicable to workers
and former workers HealthLink, a
Wellpoint, Inc. Company, Accounts
Receivable and Collections Division, St.
Louis, Missouri (HealthLink-Accounts
Receivable Collections Division). The
negative determination was issued on
June 21, 2011. The Department’s Notice
of Determination was published in the
Federal Register on July 8, 2011 (76 FR
40402). The workers of HealthLinkAccounts Receivable Collections
Division are engaged in activities related
to the supply of health insurance
services: Accounts payable and
collections services.
The petition was filed on behalf of
‘‘finance’’ workers at HealthLink, St.
Louis, Missouri (HealthLink). The
petition states that the service supplied
by HealthLink is a ‘‘network of
providers through contracts to payors—
insurers and third party administrators’’
and that ‘‘production has been/is being
sent to India and services are being
outsourced to India.’’
The negative determination was based
on the Department’s findings that
HealthLink does not produce an article
within the meaning of Section 222(a) or
Section 222(b) of the Act. In order to be
considered eligible to apply for
adjustment assistance under Section 223
of the Trade Act of 1974, the worker
group seeking certification (or on whose
behalf certification is being sought)
must work for a ‘‘firm’’ or appropriate
subdivision that produces an article.
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15:37 Sep 01, 2011
Jkt 223001
In the request for reconsideration, the
petitioner asserts that subject worker
group separations were due to a shift to
India and stated that ‘‘other Wellpoint
petitions for several other locations of
Financial Operation departments’’ have
worker groups eligible to apply for TAA.
The determinations referenced in the
request for reconsideration are
Wellpoint, Inc., Financial Operations
Recovery Department (TA–W–74,661
through TA–W–74,661H; issued on
January 7, 2011).
Workers covered by TA–W–74,661
were eligible to apply for worker
adjustment assistance because the
worker group eligibility requirements of
the Trade and Globalization Adjustment
Assistance Act of 2009 (Trade Act of
2009) was satisfied. Specifically, the
Department determined that there was a
shift by the workers’ firm to a foreign
country in the supply of services like or
directly competitive with those
supplied by the workers’ firm and that
the shift of services abroad contributed
importantly to worker group
separations.
Pursuant to 29 CFR 90.18(c),
administrative 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.
After the Trade Act of 2009 expired in
February 2011, petitions for TAA were
instituted under the Trade Adjustment
Assistance Reform Act of 2002 (Trade
Act of 2002). Therefore, the statute
applicable to TA–W–80,213 is the Trade
Act of 2002. The applicable regulation
is codified in 29 CFR 90, subpart B.
Section 222 of the Trade Act of 2002
establishes the worker group eligibility
requirements. The requirements include
either ‘‘imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have increased’’ or ‘‘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.’’
The request for reconsideration
asserts that workers separated at the
HealthLink, St. Louis, Missouri facility
are similar to workers covered by ‘‘other
PO 00000
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Fmt 4703
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54801
locations of Financial Operation
departments that have been approved.’’
The certification for TA–W–74,661
was issued based on the Department’s
findings that the workers’ firm supplied
a service and that the supply of services
was shifted to a foreign country. The
shift of services that was the basis for
certification under the Trade Act of
2009 cannot be the basis for certification
under the Trade Act of 2002 because the
two statutes have different worker group
eligibility criteria.
After careful review of the request for
reconsideration, previously submitted
materials, the applicable statute, and
relevant regulation, the Department
determines that there is no new
information, mistake in fact, or
misinterpretation of the facts or of the
law.
Conclusion
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed at Washington, DC this 18th day of
August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–22552 Filed 9–1–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–75,183]
Reynolds Food Packaging LLC, a
Subsidiary of Reynolds Group Holding
Limited, Grove City, PA; Notice of
Revised Determination on
Reconsideration
On June 6, 2011, the Department of
Labor (Department) issued a Notice of
Affirmative Determination Regarding
Application for Reconsideration to
apply for Trade Adjustment Assistance
(TAA) applicable to workers and former
workers of Reynolds Food Packaging
LLC, a subsidiary of Reynolds Group
Holding Limited, Grove City,
Pennsylvania (subject firm). Workers at
the subject firm are engaged in
employment related to the production of
disposable food service containers and
bulk sheet.
During the reconsideration
investigation, the Department received
new information that revealed that there
E:\FR\FM\02SEN1.SGM
02SEN1
]]>Agencies
[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54800-54801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22562]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-74,554]
International Business Machines (IBM), Software Group Business
Unit, Quality Assurance Group, San Jose, California; Notice of Negative
Determination on Reconsideration
On January 21, 2011, the Department of Labor (Department) issued an
Affirmative Determination Regarding Application for Reconsideration for
the workers and former workers of International Business Machines
(IBM), Software Group Business Unit, Optim Data Studio Tools QA, San
Jose, California (subject firm). The Department's Notice was published
in the Federal Register on February 2, 2011 (76 FR 5832). The subject
worker group supplies acceptance testing services, design consulting
services, and call center services.
The negative determination of the Trade Adjustment Assistance
petition filed by a State of California workforce agent on behalf of
workers at the subject firm was based on the Department's finding that
Criterion (1) has not been met because the Department did not find that
a significant number or proportion of the workers at IBM, Software
Group Business Unit, Optim Data Studio Tools QA, San Jose, California
was totally or partially separated, or threatened with separation.
29 CFR 90 defines ``significant number or proportion of the
workers'' to mean ``(a) In most cases, the total or partial
separations, or both, in a firm or appropriate subdivision thereof, are
the equivalent to a total of unemployment of five percent (5 percent)
of the workers or 50 workers, whichever is less; or (b) At least three
workers in a firm (or appropriate subdivision thereof) with a workforce
of fewer than 50 workers.''
In his request for reconsideration, a worker stated that ``I was an
employee of Information Management Group where * * * over 100+
employees have been let go from this particular group * * * In my
specific HPU group (High Performance Unload tooling group) I was the
only full time employee working in the U.S.A. validating the quality of
this produce running Acceptance testing.'' The request for
reconsideration included a diagram that shows that ``HPU tooling'' is a
group within ``Information Management,'' which is a unit within the
``Software Division'' of IBM.
New information obtained from the subject firm during the
reconsideration investigation shows that the Optim Data Studio Tools QA
unit is a subset of the Quality Assurance Group, which is part of the
Software Group Business Unit of IBM, and that the HPU Tooling Group is
a project handled by members of the Quality Assurance Group rather than
a distinct subgroup of IBM. As such, the Department determines that the
subject worker group consists of workers of IBM, Software Group
Business Unit, Quality Assurance Group, San Jose, California.
During the reconsideration investigation, the Department received
information that there was only one worker separation within the
subject worker group and that no workers of the subject worker group
was threatened with separation (partial or total), as defined by 29 CFR
90. Rather, the new information obtained during the reconsideration
investigation revealed that employment within the Quality Assurance
Group (San Jose, California facility) increased in 2010 from 2009
levels.
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
misinterpretation of facts or of the law justified reconsideration of
the decision.
After careful review of the administrative record and new
information collected during the reconsideration investigation, the
Department determines that, in light of the new information, the
determination complained of is not erroneous; that the determination
complained of is not based on a mistake in the determination of facts
not previously considered; and that there has not been a
misinterpretation of facts or of the law.
Conclusion
After reconsideration, I affirm the original notice of negative
determination of eligibility to apply for
[[Page 54801]]
worker adjustment assistance for workers and former workers of
International Business Machines (IBM), Software Group Business Unit,
Quality Assurance Group, San Jose, California.
Signed in Washington, DC on this 22nd day of August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-22562 Filed 9-1-11; 8:45 am]
BILLING CODE 4510-FN-P
