Amphenol Backplane Systems, Including On-Site Leased Workers From Technical Needs and National Engineering, Nashua, New Hampshire; Notice of Revised Determination on Reconsideration, 70580 [2013-28334]

Download as PDF 70580 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Notices DEPARTMENT OF LABOR of the Act, 19 U.S.C. 2273, I make the following certification: Employment and Training Administration ‘‘All workers of Amphenol Backplane Systems, including on-site leased workers from Technical Needs and National Engineering, Nashua, New Hampshire, who became totally or partially separated from employment on or after March 16, 2012, through two years from the date of this certification, and all workers in the group threatened with total or partial separation from employment on 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.’’ [TA–W–82,598] Amphenol Backplane Systems, Including On-Site Leased Workers From Technical Needs and National Engineering, Nashua, New Hampshire; Notice of Revised Determination on Reconsideration emcdonald on DSK67QTVN1PROD with NOTICES On June 22, 2013, the Department of Labor (Department) issued a Notice of Affirmative Determination Regarding Application for Reconsideration applicable to workers and former workers of Amphenol Backplane Systems, Nashua, New Hampshire (hereafter referred to as either ‘‘Amphenol’’ or ‘‘subject firm’’). The subject firm is engaged in activities related to the production of electrical connectors and backplane assemblies. The subject worker group includes onsite leased workers from Technical Needs and National Engineering. Workers of the subject firm were eligible to apply for Trade Adjustment Assistance (TAA) under TA–W–70,972 (certification expired on November 13, 2011). Based on a careful review of previously-submitted information and additional information obtained during the reconsideration investigation, the Department determines that the petitioning worker group, including onsite leased workers from Technical Needs and National Engineering, has met the eligibility criteria set forth in the Trade Act of 1974, as amended. Section 222(a)(1) has been met because a significant number or proportion of the workers at Amphenol have become totally or partially separated, or are threatened to become totally or partially separated. Section 222(a)(2)(B) has been met because the workers’ firm has shifted to a foreign country a portion of the production of articles like or directly competitive with the electrical connectors and backplane assemblies produced by the subject worker group, which contributed importantly to worker group separations at Amphenol. Conclusion After careful review of previouslysubmitted facts and the additional facts obtained during the reconsideration investigation, I determine that workers of Amphenol Backplane Systems, Nashua, New Hampshire, meet the worker group certification criteria under Section 222(a) of the Act, 19 U.S.C. 2272(a). In accordance with Section 223 VerDate Mar<15>2010 18:04 Nov 25, 2013 Jkt 232001 Signed in Washington, DC, this 8th day of November, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–28334 Filed 11–25–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,838] Apria Healthcare LLC, Billing Department, Overland Park, Kansas; Notice of Negative Determination Regarding Application for Reconsideration By application dated September 19, 2013, a former worker of Apria Healthcare LLC, Billing Department, Overland Park, Kansas (TA–W–82,838) requested administrative reconsideration of the Department of Labor’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of Apria Healthcare LLC, Billing Department, Overland Park, Kansas (hereafter referred to as ‘‘ApriaBilling’’). Workers of April-Billing are engaged in activities related to the supply of medical billing services. On September 5, 2013, the Department issued a negative determination applicable to workers and former workers of Apria-Billing and issued a certification applicable to workers and former workers of Apria Healthcare LLC, Document Imaging Department, Overland Park, Kansas (TA–W– 82,838A). The Department’s Notice of determination of TA–W–82,838 and TA–W–82,838A was published in the Federal Register on October 3, 2013 (78 FR 61392). PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 negative determination applicable to workers and former workers of Apria-Billing was based on the Department’s findings that neither increased of billing services like or directly competitive with the medical billing services supplied by the subject workers, a shift in the supply of such services to a foreign country by the workers’ firm, nor an acquisition of such services from a foreign country by the workers’ firm, contributed importantly to worker group separations at ApriaBilling. In addition, the investigation revealed that the petitioning worker group did not meet the criteria set forth in Section 222(a) and Section 222(e) of the Trade Act of 1974, as amended. The request for reconsideration states that the separated worker ‘‘did the N and K report which was electronic rejections from India and my job was to tell them how to get the claim to go through. Lots of times the claims had to be dropped onshore (meaning United States) . . . I do have documentation and emails . . . to support my facts.’’ Following the receipt of the request for reconsideration, the Department received several electronic messages (emails) from the separated worker with additional information, which included emails from Apria management to the worker, an explanation of the worker’s responsibilities, and the assertion that the worker’s separation was due to outsourcing to ‘‘Emdeon and India.’’ The Department has carefully reviewed the information provided by the worker seeking reconsideration, previously-submitted information, and information regarding Emdeon, and has determined that the request for reconsideration did not supply facts not previously considered and did not provide additional documentation indicating that there was either 1) a mistake in the determination of facts not previously considered or 2) a misinterpretation of facts or of the law justifying reconsideration of the initial determination. Based on these findings, the Department determines that, with E:\FR\FM\26NON1.SGM 26NON1

Agencies

[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Page 70580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28334]



[[Page 70580]]

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DEPARTMENT OF LABOR

 Employment and Training Administration

[TA-W-82,598]


Amphenol Backplane Systems, Including On-Site Leased Workers From 
Technical Needs and National Engineering, Nashua, New Hampshire; Notice 
of Revised Determination on Reconsideration

    On June 22, 2013, the Department of Labor (Department) issued a 
Notice of Affirmative Determination Regarding Application for 
Reconsideration applicable to workers and former workers of Amphenol 
Backplane Systems, Nashua, New Hampshire (hereafter referred to as 
either ``Amphenol'' or ``subject firm''). The subject firm is engaged 
in activities related to the production of electrical connectors and 
backplane assemblies. The subject worker group includes on-site leased 
workers from Technical Needs and National Engineering.
    Workers of the subject firm were eligible to apply for Trade 
Adjustment Assistance (TAA) under TA-W-70,972 (certification expired on 
November 13, 2011).
    Based on a careful review of previously-submitted information and 
additional information obtained during the reconsideration 
investigation, the Department determines that the petitioning worker 
group, including on-site leased workers from Technical Needs and 
National Engineering, has met the eligibility criteria set forth in the 
Trade Act of 1974, as amended.
    Section 222(a)(1) has been met because a significant number or 
proportion of the workers at Amphenol have become totally or partially 
separated, or are threatened to become totally or partially separated.
    Section 222(a)(2)(B) has been met because the workers' firm has 
shifted to a foreign country a portion of the production of articles 
like or directly competitive with the electrical connectors and 
backplane assemblies produced by the subject worker group, which 
contributed importantly to worker group separations at Amphenol.

Conclusion

    After careful review of previously-submitted facts and the 
additional facts obtained during the reconsideration investigation, I 
determine that workers of Amphenol Backplane Systems, Nashua, New 
Hampshire, 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 Amphenol Backplane Systems, including on-site 
leased workers from Technical Needs and National Engineering, 
Nashua, New Hampshire, who became totally or partially separated 
from employment on or after March 16, 2012, through two years from 
the date of this certification, and all workers in the group 
threatened with total or partial separation from employment on 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 in Washington, DC, this 8th day of November, 2013.

Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-28334 Filed 11-25-13; 8:45 am]
BILLING CODE 4510-FN-P