HCL America, Inc., a Subsidiary of HCL Technologies Limited, Including On-Site Leased Workers From Xerox Corporation, V Dart Inc., KRG Technologies Inc., Genuent Inc., Including Workers Whose Unemployment Insurance (UI) Wages are Reported Through Genuent IT Fluency, Also Known as Genuent, Formerly Know as Segula Technologies, BMC Corporation Professional Services and Fusion Storm, Webster, New York; Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance, 22911-22912 [2013-08927]

Download as PDF Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Notices DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,197; TA–W–82,197A] sroberts on DSK5SPTVN1PROD with NOTICES Delta Air Lines, Inc., Reservation Sales and Customer Care Call Center, Seatac, WA; Delta Air Lines, Inc., Reservation Sales and Customer Care Call Center, Sioux City, IA; Notice of Revised Determination on Reconsideration By application dated March 8, 2013, a State of Washington workforce official and three workers requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of Delta Air Lines, Inc., Reservation Sales and Customer Care Call Center, Seatac, Washington (TA– W–82,197) and Delta Air Lines, Inc., Reservation Sales and Customer Care Call Center, Sioux City, Iowa (TA–W– 82,197A) (collectively referred to as ‘‘the subject firm’’). There are no on-site leased workers at the subject firm. The subject workers are engaged in employment related to the supply of call center services. The determination was issued on January 11, 2013. The Department’s Notice of determination was published in the Federal Register on February 8, 2013 (78 FR 8591). Based on a careful review of previously-submitted information and additional information received during the reconsideration investigation, the Department determines that the petitioning workers have met the statutory criteria for TAA. The Department determines that a significant number or proportion of the workers at the subject firm have been partially or totally separated, or threatened with such separation. The Department also determines that worker separations at the subject firm are related to a shift to foreign countries of a portion of the supply of services like or directly competitive with the call center services supplied by the subject workers, and that the shift in the supply of these services contributed importantly to worker separations at the subject firm. For purposes of the Trade Act, as amended, the term contributed importantly means a cause which is important but not necessarily more important than any other cause. Conclusion After careful review, I determine that workers of Delta Air Lines, Inc., VerDate Mar<15>2010 16:50 Apr 16, 2013 Jkt 229001 Reservation Sales and Customer Care Call Center, Seatac, Washington (TA– W–82,197) and Delta Air Lines, Inc., Reservation Sales and Customer Care Call Center, Sioux City, Iowa (TA–W– 82,197A), who were engaged in employment related to the supply of call center services, meet the worker group certification criteria under Section 222(a) of the Act, 19 U.S.C. 2272(a). In accordance with Section 223 of the Act, 19 U.S.C. 2273, I make the following certification: ‘‘All workers of Delta Air Lines, Inc., Reservation Sales and Customer Care Call Center, Seatac, Washington (TA–W–82,197) and Delta Air Lines, Inc., Reservation Sales and Customer Care Call Center, Sioux City, Iowa (TA–W–82,197A) who became totally or partially separated from employment on or after November 28, 2011, through two years from the date of certification, and all workers in the group threatened with total or partial separation from employment on the date of certification through two years from the date of certification, 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 4th day of April, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–08928 Filed 4–16–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–81,776] HCL America, Inc., a Subsidiary of HCL Technologies Limited, Including OnSite Leased Workers From Xerox Corporation, V Dart Inc., KRG Technologies Inc., Genuent Inc., Including Workers Whose Unemployment Insurance (UI) Wages are Reported Through Genuent IT Fluency, Also Known as Genuent, Formerly Know as Segula Technologies, BMC Corporation Professional Services and Fusion Storm, Webster, New York; 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 (Department) issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on August 3, 2012, applicable to the workers of HCL America Inc., a subsidiary of HCL Technologies Limited, Webster, New PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 22911 York (subject firm). Workers are engaged in activities related to the supply of application support and development services and infrastructure services (hardware/software testing) for clients. The Department’s Notice of determination was published in the Federal Register on August 16, 2012 (77 FR 49459). The notice was amended on February 6, 2013 to include at the Wilsonville, Oregon facility that operated in conjunction with workers at the Webster, New York facility. The amended notice was published in the Federal Register on February 22, 2013 (78 FR 12358–12359). New information revealed that in January of 2012, Genuent, acquired Segula Technologies. Genuent workers separated from employment at the Webster, New York location of HCL America, Inc., a subsidiary of HCL Technologies Limited had their wages reported through a separate unemployment insurance (UI) tax account under the name Genuent IT Fluency, also known as Genuent, formerly known as Segula Technologies. Accordingly, the Department is amended this certification to include workers of the subject firm whose unemployment insurance (UI) wages are reported through Segula Technologies The intent of the Department’s certification is to include all workers of HCL America, Inc., Webster, New York (TA–W–81,776) and Wilsonville, Oregon (TA–W–81,776A), who were all adversely affected by an acquisition of application support and development services and infrastructure services from India. The amended notice applicable to TA–W–81,776 is hereby issued as follows: All workers of HCL America Inc., a subsidiary of HCL Technologies Limited, including on-site leased workers from Xerox Corporation, V Dart, Inc., KRG Technologies, Inc., Genuent, Inc., including workers whose unemployment insurance (UI) wages are reported through Genuent IT Fluency, also known as Genuent, formerly known as Segula Technologies, BMC Corporation Professional Services, and Fusion Storm, Webster, New York (TA–W–81,776) and all workers of HCL America, Inc., a subsidiary of HCL Technologies Limited, Wilsonville, Oregon (TA–W–81,776A), who became totally or partially separated from employment on or after July 3, 2011 through August 3, 2014, and all workers in the group threatened with partial or total separation from employment on August 3, 2012 through August 3, 2014, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. E:\FR\FM\17APN1.SGM 17APN1 22912 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Notices Signed at Washington, DC, this 3rd day of April, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–08927 Filed 4–16–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Wage and Hour Division RIN 1235–0021 Proposed Extension of the Employment Information Form Information Collection Wage and Hour Division, Department of Labor. ACTION: Notice. AGENCY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). 44 U.S.C. 3056(c)(2)(A). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Employment Information Form. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before June 17, 2013. ADDRESSES: You may submit comments identified by Control Number 1235– 0021, by either one of the following methods: Email: WHDPRAComments@dol.gov; Mail, Hand Delivery, Courier: Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue NW., Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name and Control sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:50 Apr 16, 2013 Jkt 229001 Number identified above for this information collection. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via email or to submit them by mail early. Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for OMB approval of the information collection request. FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Director, Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll-free number). Copies of this notice may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693–0023 (not a toll-free number). TTY/TTD callers may dial tollfree (877) 889–5627 to obtain information or request materials in alternative formats. SUPPLEMENTARY INFORMATION: I. Background: The Wage and Hour Division of the Department of Labor administers the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., which sets the Federal minimum wage, overtime pay, recordkeeping, and youth employment standards of most general application. See 29 U.S.C. 206; 207; 211; 212. FLSA requirements apply to employers of employees engaged in interstate commerce or in the production of goods for interstate commerce and of employees in certain enterprises, including employees of a public agency; however, the FLSA contains exemptions that apply to employees in certain types of employment. See 29 U.S.C. 213, et al. FLSA section 11(a) provides that the Secretary of Labor may investigate and gather data regarding the wages, hours, or other conditions and practices of employment in any industry subject to the FLSA, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters deemed necessary or appropriate to determine whether any person has violated any provision of the FLSA. 29 U.S.C. 211(a). Other Federal laws the WHD administers provide similar authority. These Acts include the: Walsh-Healey Public Contracts Act (41 U.S.C. 38); McNamara-O’Hara Service Contract Act PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 (41 U.S.C. 353(a)); Davis-Bacon Act (40 U.S.C. 3141 et seq., pursuant to Reorganization Plan No. 14 of 1950, and Related Acts); Consumer Credit Protection Act (15 U.S.C. 1676); Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1862(a)); Employee Polygraph Protection Act (29 U.S.C. 2004(a)(3)); Family and Medical Leave Act (29 U.S.C. 2616(a)); Immigration and Nationality Act H–2A program (8 U.S.C. 1188(g)); the Immigration and Nationality Act H–2B program (8 U.S.C. 1184(c)(14(B) and the Immigration and Nationality Act H–1C program (8 U.S.C. 1182(m)(2)(E)(ii)). The regulatory provisions authorizing the filing of complaints under these laws and how the agency acts upon the concerns can be found at 29 CFR 4.191, 5.6, 500.1(e), 501.1(c), 501.5, 801.7(a)(3), 825.401; 41 CFR 50–201.1202; and 20 CFR 655.1200(b). WHD staff use Form WH–3 as a guide for obtaining optional information from complainants (e.g., current and former employees, unions, and competitor employers) about alleged employer violations of the labor standards provisions of the above-cited Acts. Complainants generally provide the optional information requested on the form to WHD staff over the telephone or in-person. Where the information provided does not support a potential WHD enforcement action, complainants are advised and referred to the appropriate agency for further assistance. When the WHD schedules a complaint-based investigation, the agency makes the completed Form WH– 3 part of the investigation case file. The form is printed in both English and Spanish. The Wage and Hour Division (WHD) uses this information to determine whether covered employers have complied with various legal requirements of the laws administered by the Wage and Hour Division. The WHD seeks approval to renew this information collection related to the Employment Information Form. II. Review Focus: The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Enhance the quality, utility, and clarity of the information to be collected; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Pages 22911-22912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08927]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

 Employment and Training Administration

[TA-W-81,776]


HCL America, Inc., a Subsidiary of HCL Technologies Limited, 
Including On-Site Leased Workers From Xerox Corporation, V Dart Inc., 
KRG Technologies Inc., Genuent Inc., Including Workers Whose 
Unemployment Insurance (UI) Wages are Reported Through Genuent IT 
Fluency, Also Known as Genuent, Formerly Know as Segula Technologies, 
BMC Corporation Professional Services and Fusion Storm, Webster, New 
York; 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 (Department) issued 
a Certification of Eligibility to Apply for Worker Adjustment 
Assistance on August 3, 2012, applicable to the workers of HCL America 
Inc., a subsidiary of HCL Technologies Limited, Webster, New York 
(subject firm). Workers are engaged in activities related to the supply 
of application support and development services and infrastructure 
services (hardware/software testing) for clients. The Department's 
Notice of determination was published in the Federal Register on August 
16, 2012 (77 FR 49459). The notice was amended on February 6, 2013 to 
include at the Wilsonville, Oregon facility that operated in 
conjunction with workers at the Webster, New York facility. The amended 
notice was published in the Federal Register on February 22, 2013 (78 
FR 12358-12359).
    New information revealed that in January of 2012, Genuent, acquired 
Segula Technologies. Genuent workers separated from employment at the 
Webster, New York location of HCL America, Inc., a subsidiary of HCL 
Technologies Limited had their wages reported through a separate 
unemployment insurance (UI) tax account under the name Genuent IT 
Fluency, also known as Genuent, formerly known as Segula Technologies.
    Accordingly, the Department is amended this certification to 
include workers of the subject firm whose unemployment insurance (UI) 
wages are reported through Segula Technologies
    The intent of the Department's certification is to include all 
workers of HCL America, Inc., Webster, New York (TA-W-81,776) and 
Wilsonville, Oregon (TA-W-81,776A), who were all adversely affected by 
an acquisition of application support and development services and 
infrastructure services from India.
    The amended notice applicable to TA-W-81,776 is hereby issued as 
follows:

    All workers of HCL America Inc., a subsidiary of HCL 
Technologies Limited, including on-site leased workers from Xerox 
Corporation, V Dart, Inc., KRG Technologies, Inc., Genuent, Inc., 
including workers whose unemployment insurance (UI) wages are 
reported through Genuent IT Fluency, also known as Genuent, formerly 
known as Segula Technologies, BMC Corporation Professional Services, 
and Fusion Storm, Webster, New York (TA-W-81,776) and all workers of 
HCL America, Inc., a subsidiary of HCL Technologies Limited, 
Wilsonville, Oregon (TA-W-81,776A), who became totally or partially 
separated from employment on or after July 3, 2011 through August 3, 
2014, and all workers in the group threatened with partial or total 
separation from employment on August 3, 2012 through August 3, 2014, 
are eligible to apply for adjustment assistance under Chapter 2 of 
Title II of the Trade Act of 1974, as amended.


[[Page 22912]]


    Signed at Washington, DC, this 3rd day of April, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-08927 Filed 4-16-13; 8:45 am]
BILLING CODE 4510-FN-P
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