Johnstown Specialty Castings, Inc., A Subsidiary of WHEMCO, Johnstown, PA; Notice of Negative Determination on Reconsideration, 22910 [2013-08930]
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22910
Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Notices
notice applicable to TA–W–82,339 is
hereby issued as follows:
‘‘All workers of Mondelez Global LLC,
Business Services Center, including on-site
leased workers from Abacus Service
Corporation, Advantech Solutions, American
CyberSystems, Inc., Collabera, HewlettPackard, Kelly Services, Kforce, Inc.,
Lancesoft, Northbound, LLC, Pitney Bowes,
Inc., RCG Information Technology, Inc.,
Robert Half International, Sunrise Systems,
Synectics, Inc., and The Fountain Group and
workers whose unemployment insurance (UI)
wages were reported through Kraft Foods,
Inc., San Antonio, Texas, who became totally
or partially separated from employment on or
after January 11, 2012, through February 20,
2015, 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 3rd day of
April, 2013.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2013–08929 Filed 4–16–13; 8:45 am]
BILLING CODE P
Initial investigation
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–82,156]
Johnstown Specialty Castings, Inc., A
Subsidiary of WHEMCO, Johnstown,
PA; Notice of Negative Determination
on Reconsideration
sroberts on DSK5SPTVN1PROD with NOTICES
The initial investigation, initiated on
February 8, 2012, on behalf of workers
of Johnstown Specialty Castings, Inc., a
subsidiary of WHEMCO, Johnstown,
Pennsylvania (subject firm) resulted in a
negative determination, issued on
January 8, 2013. The Department’s
notice of negative determination was
published in the Federal Register on
February 6, 2013 (78 FR 8591).
The group eligibility requirements for
workers of a Firm under Section 222(a)
of the Act, 19 U.S.C. 2272(a), can be
satisfied if the following criteria are met:
(1) A significant number or proportion of
the workers in such workers’ firm have
become totally or partially separated, or are
threatened to become totally or partially
separated; and
(2)(A)(i) The sales or production, or both,
of such firm have decreased absolutely;
(ii)(I) Imports of articles or services like or
directly competitive with articles produced
or services supplied by such firm have
increased;
(II) Imports of articles like or directly
competitive with articles—
VerDate Mar<15>2010
16:50 Apr 16, 2013
(aa) Into which one or more component
parts produced by such firm are directly
incorporated, or
(bb) Which are produced directly using
services supplied by such firm, have
increased; or
(III) Imports of articles directly
incorporating one or more component parts
produced outside the United States that are
like or directly competitive with imports of
articles incorporating one or more
component parts produced by such firm have
increased; and
(iii) The increase in imports described in
clause (ii) contributed importantly to such
workers’ separation or threat of separation
and to the decline in the sales or production
of such firm; or
(B)(i)(I) There has been a shift by such
workers’ firm to a foreign country in the
production of articles or the supply of
services like or directly competitive with
articles which are produced or services
which are supplied by such firm; or
(II) Such workers’ firm has acquired from
a foreign country articles or services that are
like or directly competitive with articles
which are produced or services which are
supplied by such firm; and
(ii) The shift described in clause (i)(I) or
the acquisition of articles or services
described in clause (i)(II) contributed
importantly to such workers’ separation or
threat of separation.
Jkt 229001
The initial investigation began when
a representative from United
Steelworkers, Local 2632, filed a
petition for Trade Adjustment
Assistance (TAA), dated November 6,
2012, on behalf of workers and former
workers of the subject firm. The workers
are engaged in employment related to
the production of steel castings, slag
pots, steel rolls, steel sleeves, and mill
liners.
The negative determination was based
on the findings that there was less than
a significant number or proportion of
worker separations at the subject firm
during the relevant time period
(November 2011 through October 2012).
Reconsideration Investigation
By application dated February 2,
2013, the petitioner requested
administrative reconsideration of the
Department’s negative determination
regarding the eligibility of the subject
worker group to apply for adjustment
assistance.
In the request for reconsideration, the
petitioner stated that ‘‘When (the
petition was) filed * * * temporary
layoffs had just started * * * On
January 23, 2013, Whemco * * * sent a
WARN notice letter * * * stating new
layoffs will begin March 4, 2013
* * * .’’
On February 25, 2013, the Department
issued a Notice of Affirmative
PO 00000
Frm 00069
Fmt 4703
Sfmt 9990
Determination Regarding Application
for Reconsideration in order to conduct
further investigation to determine
worker eligibility. The Department’s
Notice was published in the Federal
Register on March 8, 2013 (78 FR
15048).
In the course of the reconsideration
investigation, the Department carefully
reviewed previously-submitted
information and collected additional
information from the subject firm to
address the petitioner’s allegation.
According to 29 CFR 90.2, Layoff
means a suspension from pay status for
lack of work initiated by the employer
and expected to last for no less than
seven (7) consecutive calendar days;
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; and
Threatened to begin means, in the
context of impending total or partial
separations, the date on which it could
reasonably be predicted that separations
were imminent.
The information collected on
reconsideration confirmed that, during
the relevant time period, there were no
layoffs, or a threat of layoffs, at the
subject firm. Therefore, Section
222(a)(1) has not been met because a
significant number or proportion of the
workers at the subject firm did not
become totally separated or partially
separated during the period under
investigation.
Conclusion
After careful review of the Trade Act
of 1974, as amended, applicable
regulation, and information obtained
during the initial and reconsideration
investigations, I determine that workers
and former workers of Johnstown
Specialty Castings, Inc., a subsidiary of
WHEMCO, Johnstown, Pennsylvania,
are ineligible to apply for adjustment
assistance.
Signed in Washington, DC, on this 3rd day
of April, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2013–08930 Filed 4–16–13; 8:45 am]
BILLING CODE 4510–FN–P
E:\FR\FM\17APN1.SGM
17APN1
]]>Agencies
[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Page 22910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08930]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-82,156]
Johnstown Specialty Castings, Inc., A Subsidiary of WHEMCO,
Johnstown, PA; Notice of Negative Determination on Reconsideration
The initial investigation, initiated on February 8, 2012, on behalf
of workers of Johnstown Specialty Castings, Inc., a subsidiary of
WHEMCO, Johnstown, Pennsylvania (subject firm) resulted in a negative
determination, issued on January 8, 2013. The Department's notice of
negative determination was published in the Federal Register on
February 6, 2013 (78 FR 8591).
The group eligibility requirements for workers of a Firm under
Section 222(a) of the Act, 19 U.S.C. 2272(a), can be satisfied if the
following criteria are met:
(1) A significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or are
threatened to become totally or partially separated; and
(2)(A)(i) The sales or production, or both, of such firm have
decreased absolutely;
(ii)(I) Imports of articles or services like or directly
competitive with articles produced or services supplied by such firm
have increased;
(II) Imports of articles like or directly competitive with
articles--
(aa) Into which one or more component parts produced by such
firm are directly incorporated, or
(bb) Which are produced directly using services supplied by such
firm, have increased; or
(III) Imports of articles directly incorporating one or more
component parts produced outside the United States that are like or
directly competitive with imports of articles incorporating one or
more component parts produced by such firm have increased; and
(iii) The increase in imports described in clause (ii)
contributed importantly to such workers' separation or threat of
separation and to the decline in the sales or production of such
firm; or
(B)(i)(I) There has been a shift by such workers' firm to a
foreign country in the production of articles or the supply of
services like or directly competitive with articles which are
produced or services which are supplied by such firm; or
(II) Such workers' firm has acquired from a foreign country
articles or services that are like or directly competitive with
articles which are produced or services which are supplied by such
firm; and
(ii) The shift described in clause (i)(I) or the acquisition of
articles or services described in clause (i)(II) contributed
importantly to such workers' separation or threat of separation.
Initial investigation
The initial investigation began when a representative from United
Steelworkers, Local 2632, filed a petition for Trade Adjustment
Assistance (TAA), dated November 6, 2012, on behalf of workers and
former workers of the subject firm. The workers are engaged in
employment related to the production of steel castings, slag pots,
steel rolls, steel sleeves, and mill liners.
The negative determination was based on the findings that there was
less than a significant number or proportion of worker separations at
the subject firm during the relevant time period (November 2011 through
October 2012).
Reconsideration Investigation
By application dated February 2, 2013, the petitioner requested
administrative reconsideration of the Department's negative
determination regarding the eligibility of the subject worker group to
apply for adjustment assistance.
In the request for reconsideration, the petitioner stated that
``When (the petition was) filed * * * temporary layoffs had just
started * * * On January 23, 2013, Whemco * * * sent a WARN notice
letter * * * stating new layoffs will begin March 4, 2013 * * * .''
On February 25, 2013, the Department issued a Notice of Affirmative
Determination Regarding Application for Reconsideration in order to
conduct further investigation to determine worker eligibility. The
Department's Notice was published in the Federal Register on March 8,
2013 (78 FR 15048).
In the course of the reconsideration investigation, the Department
carefully reviewed previously-submitted information and collected
additional information from the subject firm to address the
petitioner's allegation.
According to 29 CFR 90.2, Layoff means a suspension from pay status
for lack of work initiated by the employer and expected to last for no
less than seven (7) consecutive calendar days; 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; and Threatened to begin means, in the context of impending
total or partial separations, the date on which it could reasonably be
predicted that separations were imminent.
The information collected on reconsideration confirmed that, during
the relevant time period, there were no layoffs, or a threat of
layoffs, at the subject firm. Therefore, Section 222(a)(1) has not been
met because a significant number or proportion of the workers at the
subject firm did not become totally separated or partially separated
during the period under investigation.
Conclusion
After careful review of the Trade Act of 1974, as amended,
applicable regulation, and information obtained during the initial and
reconsideration investigations, I determine that workers and former
workers of Johnstown Specialty Castings, Inc., a subsidiary of WHEMCO,
Johnstown, Pennsylvania, are ineligible to apply for adjustment
assistance.
Signed in Washington, DC, on this 3rd day of April, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-08930 Filed 4-16-13; 8:45 am]
BILLING CODE 4510-FN-P
