Joy Global, Inc., Also Known as Joy Technologies, Inc., Including On-Site Leased Workers From All Seasons Temporaries and Manpower, Franklin, PA; Notice of Affirmative Determination Regarding Application for Reconsideration, 774 [2012-31662]
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Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices
information technology applications for
corporate, regulatory, and financial
reporting. The group develops databases
for creating reports for corporate,
regulatory, and financial services. The
group is separately identifiable from
other groups at the firm.
The initial investigation resulted in a
negative determination based on the
findings that with respect to Section
222(a) and Section 222(b) of the Act,
Criterion (1) has not been met because
a significant number or proportion of
the workers in such workers’ firm have
not become totally or partially
separated, nor are they threatened to
become totally or partially separated.
Significant number or proportion of
the workers means that: (a) In most
cases the total or partial separations, or
both, in a firm or appropriate
subdivision thereof, are the equivalent
to a total 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 work force
of fewer than 50 workers would
ordinarily have to be affected (29 CFR
90.2).
The request for reconsideration states
that ‘‘The Hartford Financial Services
employs nearly 10,000 employees in
Connecticut. The majority work fulltime hours and are employed at the 690
Asylum Ave, Hartford, Connecticut site,
the location of the petition in question
* * * According to a former employee
for whom the 81,815 was filed, his Unit
was an independent unit isolated from
others, but the information prepared by
his unit, the database, was used by
many units within The Hartford. His
particular Unit encompassed roughly 75
employees. While only a few workers
have been laid off to date in the specific
unit, the database was used by many
units, including units that have been
TAA-certified.’’
The Department has carefully
reviewed the request for reconsideration
and the existing record, and will
conduct further investigation to clarify
the subject worker group and to
determine if workers have met the
eligibility requirements of the Trade Act
of 1974, as amended.
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Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the U.S. Department
of Labor’s prior decision. The
application is, therefore, granted.
VerDate Mar<15>2010
16:34 Jan 03, 2013
Jkt 229001
Signed at Washington, DC, this 4th day of
December 2012.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2012–31665 Filed 1–3–13; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–81,929]
Joy Global, Inc., Also Known as Joy
Technologies, Inc., Including On-Site
Leased Workers From All Seasons
Temporaries and Manpower, Franklin,
PA; Notice of Affirmative
Determination Regarding Application
for Reconsideration
By application dated November 8,
2012, the International Association of
Machinists and Aerospace Workers,
District Lodge No. 98, requested
administrative reconsideration of the
negative determination regarding
workers’ eligibility to apply for Trade
Adjustment Assistance (TAA)
applicable to workers and former
workers of Joy Global, Inc., also known
as Joy Technologies, Inc., including onsite leased workers from All Seasons
Temporaries and Manpower, Franklin,
Pennsylvania (Joy Global). The
determination was issued on October
16, 2012. The workers’ firm is engaged
in activities related to the production of
mobile underground mining machines
and repair components. Workers are not
separately identifiable by product.
The initial investigation resulted in a
negative determination based on the
findings that, with respect to Section
222(a)(2)(A)(i) of the Act, Joy Global has
not experienced a decline in the sales or
production of mobile underground
mining machines and repair
components during the relevant period
under investigation.
With respect to Section 222(a)(2)(B) of
the Act, the investigation revealed that
Joy Global did not shift the production
of mobile underground mining
machines and repair components or a
like or directly competitive article to a
foreign country or acquire mobile
underground mining machines and
repair components or a like or directly
competitive article from a foreign
country. Although workers of Joy
Technologies, Inc., Mt. Vernon, Illinois
(TA–W–57,700) were eligible to apply
for TAA based on a shift in production
of mining machinery components to
Mexico, the investigation revealed that
worker separations at the subject firm
PO 00000
Frm 00086
Fmt 4703
Sfmt 9990
were not caused by a shift in production
of mobile underground mining
machines or repair components to a
foreign country.
With respect to Section 222(b)(2) of
the Act, the investigation revealed that
Joy Global is not a Supplier to a firm
that employed a group of workers who
received a certification of eligibility
under Section 222(a) of the Act, 19
U.S.C. 2272(a) and does not act as a
Downstream Producer to a firm (or
subdivision, whichever is applicable)
that employed a group of workers who
received a certification of eligibility
under Section 222(a) of the Act, 19
U.S.C. 2272(a).
Finally, the group eligibility
requirements under Section 222(e) of
the Act, have not been satisfied since
the workers’ firm has not been
publically identified by name by the
International Trade Commission as a
member of a domestic industry in an
investigation resulting in an affirmative
finding of serious injury, market
disruption, or material injury, or threat
thereof.
The request for reconsideration
included information regarding a
possible shift in production.
The Department has carefully
reviewed the request for reconsideration
and the existing record, and will
conduct further investigation to clarify
the subject worker group and to
determine if workers have met the
eligibility requirements of the Trade Act
of 1974, as amended.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the U.S. Department
of Labor’s prior decision. The
application is, therefore, granted.
Signed at Washington, DC, this 6th day of
December 2012.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2012–31662 Filed 1–3–13; 8:45 am]
BILLING CODE 4510–FN–P
E:\FR\FM\04JAN1.SGM
04JAN1
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[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Notices]
[Page 774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31662]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-81,929]
Joy Global, Inc., Also Known as Joy Technologies, Inc., Including
On-Site Leased Workers From All Seasons Temporaries and Manpower,
Franklin, PA; Notice of Affirmative Determination Regarding Application
for Reconsideration
By application dated November 8, 2012, the International
Association of Machinists and Aerospace Workers, District Lodge No. 98,
requested administrative reconsideration of the negative determination
regarding workers' eligibility to apply for Trade Adjustment Assistance
(TAA) applicable to workers and former workers of Joy Global, Inc.,
also known as Joy Technologies, Inc., including on-site leased workers
from All Seasons Temporaries and Manpower, Franklin, Pennsylvania (Joy
Global). The determination was issued on October 16, 2012. The workers'
firm is engaged in activities related to the production of mobile
underground mining machines and repair components. Workers are not
separately identifiable by product.
The initial investigation resulted in a negative determination
based on the findings that, with respect to Section 222(a)(2)(A)(i) of
the Act, Joy Global has not experienced a decline in the sales or
production of mobile underground mining machines and repair components
during the relevant period under investigation.
With respect to Section 222(a)(2)(B) of the Act, the investigation
revealed that Joy Global did not shift the production of mobile
underground mining machines and repair components or a like or directly
competitive article to a foreign country or acquire mobile underground
mining machines and repair components or a like or directly competitive
article from a foreign country. Although workers of Joy Technologies,
Inc., Mt. Vernon, Illinois (TA-W-57,700) were eligible to apply for TAA
based on a shift in production of mining machinery components to
Mexico, the investigation revealed that worker separations at the
subject firm were not caused by a shift in production of mobile
underground mining machines or repair components to a foreign country.
With respect to Section 222(b)(2) of the Act, the investigation
revealed that Joy Global is not a Supplier to a firm that employed a
group of workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. 2272(a) and does not act as a
Downstream Producer to a firm (or subdivision, whichever is applicable)
that employed a group of workers who received a certification of
eligibility under Section 222(a) of the Act, 19 U.S.C. 2272(a).
Finally, the group eligibility requirements under Section 222(e) of
the Act, have not been satisfied since the workers' firm has not been
publically identified by name by the International Trade Commission as
a member of a domestic industry in an investigation resulting in an
affirmative finding of serious injury, market disruption, or material
injury, or threat thereof.
The request for reconsideration included information regarding a
possible shift in production.
The Department has carefully reviewed the request for
reconsideration and the existing record, and will conduct further
investigation to clarify the subject worker group and to determine if
workers have met the eligibility requirements of the Trade Act of 1974,
as amended.
Conclusion
After careful review of the application, I conclude that the claim
is of sufficient weight to justify reconsideration of the U.S.
Department of Labor's prior decision. The application is, therefore,
granted.
Signed at Washington, DC, this 6th day of December 2012.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-31662 Filed 1-3-13; 8:45 am]
BILLING CODE 4510-FN-P
