Harrison Medical Center, a Subsidiary of Franciscan Health System Bremerton, Washington; Notice of Negative Determination Regarding Application for Reconsideration, 74163-74164 [2013-29360]

Download as PDF Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices The Department has carefully reviewed the request for reconsideration and the existing record, and will conduct further investigation to determine if the workers meet 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 27th day of November, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–29357 Filed 12–9–13; 8:45 am] BILLING CODE 4510–FN–P affected by increased company imports of scrap stainless steel, titanium and high temperature alloys. Accordingly, the Department is amending the certification to include workers of the Frewsburg, New York and Falconer, New York locations of Keywell LLC. The amended notice applicable to TA–W–83,085 and TA–W–83,085A are hereby issued as follows: All workers of Keywell LLC, Frewsburg, New York (TA–W–83,085) and Keywell LLC, Falconer, New York (TA–W–83,085A), who became totally or partially separated from employment on or after September 10, 2012 through November 6, 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. Employment and Training Administration Signed in Washington, DC, this 27th day of November 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [TA–W–83,085; TA–W–83,085A] [FR Doc. 2013–29358 Filed 12–9–13; 8:45 am] DEPARTMENT OF LABOR BILLING CODE 4510–FN–P maindgalligan on DSK5TPTVN1PROD with NOTICES Keywell LLC, Frewsburg, New York and Keywell LLC, Falconer, 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 issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on November 6, 2013, applicable to workers of Keywell LLC, Frewsburg, New York. The workers are engaged in activities related to the production of scrap stainless, titanium and high temperature alloys. The subject worker group includes workers engaged in employment related to the processing of the metals from scrap for use in other products for customers. The notice will be published soon in the Federal Register. At the request of New York State agency, the Department reviewed the certification for workers of the subject firm. Information shows that the correct city location for 1873 Lyndon Boulevard is Falconer, New York not Frewsburg, New York as indicated on the petition. The original intent of the Chautauqua Workforce Office and the subject firm was to include the Frewsburg, New York and Falconer, New York locations of Keywell LLC in the certification determination. The intent of the Department’s certification is to include all workers of the subject firm who were adversely VerDate Mar<15>2010 18:48 Dec 09, 2013 Jkt 232001 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,671] Johnstown Specialty Castings Inc., a Subsidiary of WHEMCO, Including OnSite Leased Workers From Berkebile Excavating Company, Inc., Johnstown, Pennsylvania; 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 issued a Certification of Eligibility To Apply for Worker Adjustment Assistance on June 25, 2013, applicable to workers of Johnstown Specialty Castings, Inc., a subsidiary of WHEMCO, Johnstown, Pennsylvania. The Department’s notice of determination was published in the Federal Register on July 12, 2013 (Volume 78 FR page 41956). At the request of three workers, the Department reviewed the certification for workers of the subject firm. The workers were engaged in production of rolling mill rolls. New information from the company revealed that workers leased from Berkebile Excavating Company, Inc. were employed on-site at the Johnstown, Pennsylvania location of PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 74163 Johnstown Specialty Castings, Inc., a subsidiary of WHEMCO. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers. The intent of the Department’s certification is to include all workers of the firm who were adversely affected by increased imports of articles like or directly competitive with rolling mill rolls. Based on these findings, the Department is amending this certification to include workers leased from Berkebile Excavating Company, Inc. working on-site at the Johnstown, Pennsylvania location of Johnstown Specialty Castings, Inc. The amended notice applicable to TA–W–82,671 is hereby issued as follows: All workers of Berkebile Excavating Company, Inc., reporting to Johnstown Specialty Castings, Inc., a subsidiary of WHEMCO, Johnstown, Pennsylvania, who became totally or partially separated from employment on or after April 17, 2012, through June 25, 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 in Washington, DC, this 27th day of November, 2013. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–29359 Filed 12–9–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–83,070] Harrison Medical Center, a Subsidiary of Franciscan Health System Bremerton, Washington; Notice of Negative Determination Regarding Application for Reconsideration By application dated November 14, 2013, the Washington State Labor Council 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 Harrison Medical Center, a subsidiary of Franciscan Health System, Bremerton, Washington (subject firm). On November 12, 2013 the Department issued a negative determination applicable to workers and former E:\FR\FM\10DEN1.SGM 10DEN1 maindgalligan on DSK5TPTVN1PROD with NOTICES 74164 Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices workers of the subject firm. The Department’s Notice of determination will soon be published in the Federal Register. The subject firm supplies acute care hospital physician office services. 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. The negative determination applicable to workers and former workers of the subject firm was based on the Department’s findings that the subject firm did not import services like or directly competitive with the services supplied by the workers, and a shift in the supply of such services to a foreign country by the workers’ firm or an acquisition of such services from a foreign country by the workers’ firm did not occur in the relevant time period. 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. In the request for reconsideration, the petitioner 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. The request for reconsideration alleges that the subject firm entered into a contract with M Modal that may have allowed the outsourcing of services, and requested that the Department confirm that no such outsourcing occurred. Based on these findings, the Department determines that 29 CFR 90.18(c) has not been met. In addition, a careful review of the administrative record reveals that the Department did confirm with both the subject firm and M Modal that no such shift had occurred. Conclusion After careful 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 VerDate Mar<15>2010 18:48 Dec 09, 2013 Jkt 232001 reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed in Washington, DC, this 27th day of November, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–29360 Filed 12–9–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers by (TA–W) number issued during the period of November 18, 2013 through November 22, 2013. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Under Section 222(a)(2)(A), the following must be satisfied: (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; (2) the sales or production, or both, of such firm have decreased absolutely; and (3) One of the following must be satisfied: (A) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; (B) imports of articles like or directly competitive with articles into which one or more component parts produced by such firm are directly incorporated, have increased; (C) 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; (D) imports of articles like or directly competitive with articles which are produced directly using services PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 supplied by such firm, have increased; and (4) the increase in imports contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm; or II. Section 222(a)(2)(B) all of the following must be satisfied: (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; (2) One of the following must be satisfied: (A) there has been a shift by the workers’ firm to a foreign country in the production of articles or supply of services like or directly competitive with those produced/supplied by the workers’ firm; (B) there has been an acquisition from a foreign country by the workers’ firm of articles/services that are like or directly competitive with those produced/supplied by the workers’ firm; and (3) the shift/acquisition contributed importantly to the workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected workers in public agencies and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) a significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated; (2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and (3) the acquisition of services contributed importantly to such workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected secondary workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(c) of the Act must be met. (1) a significant number or proportion of the workers in the workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) the workers’ firm is a Supplier or Downstream Producer to a firm that employed a group of workers who received a certification of eligibility E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74163-74164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29360]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-83,070]


Harrison Medical Center, a Subsidiary of Franciscan Health System 
Bremerton, Washington; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated November 14, 2013, the Washington State Labor 
Council 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 Harrison Medical Center, a subsidiary of Franciscan Health System, 
Bremerton, Washington (subject firm). On November 12, 2013 the 
Department issued a negative determination applicable to workers and 
former

[[Page 74164]]

workers of the subject firm. The Department's Notice of determination 
will soon be published in the Federal Register. The subject firm 
supplies acute care hospital physician office services.
    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.
    The negative determination applicable to workers and former workers 
of the subject firm was based on the Department's findings that the 
subject firm did not import services like or directly competitive with 
the services supplied by the workers, and a shift in the supply of such 
services to a foreign country by the workers' firm or an acquisition of 
such services from a foreign country by the workers' firm did not occur 
in the relevant time period. 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.
    In the request for reconsideration, the petitioner 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.
    The request for reconsideration alleges that the subject firm 
entered into a contract with M Modal that may have allowed the 
outsourcing of services, and requested that the Department confirm that 
no such outsourcing occurred.
    Based on these findings, the Department determines that 29 CFR 
90.18(c) has not been met.
    In addition, a careful review of the administrative record reveals 
that the Department did confirm with both the subject firm and M Modal 
that no such shift had occurred.

Conclusion

    After careful 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 in Washington, DC, this 27th day of November, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-29360 Filed 12-9-13; 8:45 am]
BILLING CODE 4510-FN-P

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