Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 74164-74166 [2013-29362]
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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
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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
Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices
under Section 222(a) of the Act, and
such supply or production is related to
the article or service that was the basis
for such certification; and
(3) either—
(A) the workers’ firm is a supplier and
the component parts it supplied to the
firm described in paragraph (2)
accounted for at least 20 percent of the
production or sales of the workers’ firm;
or
(B) a loss of business by the workers’
firm with the firm described in
paragraph (2) contributed importantly to
the workers’ separation or threat of
separation.
In order for an affirmative
determination to be made for adversely
affected workers in firms identified by
the International Trade Commission and
a certification issued regarding
eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section 222(f)
of the Act must be met.
(1) the workers’ firm is publicly
identified by name by the International
Trade Commission as a member of a
domestic industry in an investigation
resulting in—
(A) an affirmative determination of
serious injury or threat thereof under
section 202(b)(1);
(B) an affirmative determination of
market disruption or threat thereof
under section 421(b)(1); or
(C) an affirmative final determination
of material injury or threat thereof under
section 705(b)(1)(A) or 735(b)(1)(A) of
the Tariff Act of 1930 (19 U.S.C.
1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1year period beginning on the date on
which—
(A) a summary of the report submitted
to the President by the International
Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph
(1)(A) is published in the Federal
Register under section 202(f)(3); or
(B) notice of an affirmative
determination described in
subparagraph (1) is published in the
Federal Register; and
(3) the workers have become totally or
partially separated from the workers’
firm within—
(A) the 1-year period described in
paragraph (2); or
(B) notwithstanding section 223(b)(1),
the 1-year period preceding the 1-year
period described in paragraph (2).
Affirmative Determinations for Worker
Adjustment Assistance
The following certifications have been
issued. The date following the company
name and location of each
determination references the impact
date for all workers of such
determination.
The following certifications have been
issued. The requirements of Section
222(a)(2)(A) (increased imports) of the
Trade Act have been met.
TA–W number
Subject firm
Location
82,897 ..........
83,041 ..........
Alorica, Inc. .................................................................................................
American Customer Care, Inc., Haier Tier One Group, Aerotek ...............
Cedar Rapids, IA ..................
Montoursville, PA .................
The following certifications have been
issued. The requirements of Section
222(a)(2)(B) (shift in production or
74165
Impact date
July 10, 2012.
August 28, 2012.
services) of the Trade Act have been
met.
TA–W number
Subject firm
Location
83,133 .........................
83,145 .........................
83,149 .........................
Alkco, Philips Lighting, Beco Group, and Adecco ...........................
Westinghouse Fuel Company, LLC, Windsor Fuel Components ....
Navistar Truck Development & Technology Center, Populus
Group, Technical Training, Inc., PPP, OTEK, Staffmark, MidStates.
Spence Engineering Company, Inc., Circor International, Inc.,
Knapp Consultants.
MetLife Group, Inc., MetLife, Inc., Service Delivery Center, CLR
Operations Unit.
Clyde Union, Inc., SPX Power and Energy, Manpower, Aerotek,
Impact Solutions.
Standard Microsystems Corporation, Microchip Technology, Test
Division, Stivers Staffing.
Creavey Seal Company, Sanders Industries, Express Employment and ERG Staffing.
Franklin Park, IL ...............
Windsor, CT .....................
Fort Wayne, IN .................
October 11, 2012.
October 17, 2012.
October 21, 2013.
Walden, NY ......................
October 22, 2012.
Johnstown, PA .................
October 29, 2012.
Battle Creek, MI ...............
October 22, 2012.
Hauppauge, NY ...............
November 4, 2012.
Scott Township, PA .........
November 7, 2012.
83,176 .........................
83,182 .........................
83,187 .........................
83,196 .........................
83,211 .........................
maindgalligan on DSK5TPTVN1PROD with NOTICES
The following certifications have been
issued. The requirements of Section
222(c) (supplier to a firm whose workers
are certified eligible to apply for TAA)
of the Trade Act have been met.
TA–W number
Subject firm
Location
83,027 ..........
Meritor Heavy Vehicle Systems, LLC, Specialty Group Division, Meritor,
Inc., Populus Group and Academy Medical.
Heath, OH ............................
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Impact date
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Impact date
April 30, 2013.
74166
Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices
Negative Determinations for Worker
Adjustment Assistance
In the following cases, the
investigation revealed that the eligibility
criteria for worker adjustment assistance
have not been met for the reasons
specified.
The investigation revealed that the
criteria under paragraphs (a)(2)(A)
(increased imports) and (a)(2)(B) (shift
in production or services to a foreign
country) of section 222 have not been
met.
TA–W number
Subject firm
Location
83,113 ..........
JP Morgan Chase and Company, Mortgage Banking Division, Production Operations.
Westerville, OH ....................
Determinations Terminating
Investigations of Petitions for Worker
Adjustment Assistance
After notice of the petitions was
published in the Federal Register and
on the Department’s Web site, as
workers are covered by active
certifications. Consequently, further
investigation in these cases would serve
no purpose since the petitioning group
of workers cannot be covered by more
than one certification at a time.
required by Section 221 of the Act (19
U.S.C. 2271), the Department initiated
investigations of these petitions.
The following determinations
terminating investigations were issued
because the petitioning groups of
TA–W number
Subject firm
82,932 ..........
83,174 ..........
Atmel Corporation .......................................................................................
Atmel Corporation .......................................................................................
I hereby certify that the aforementioned
determinations were issued during the period
of November 18, 2013 through November 22,
2013. These determinations are available on
the Department’s Web site tradeact/taa/taa_
search_form.cfm under the searchable listing
of determinations or by calling the Office of
Trade Adjustment Assistance toll free at 888–
365–6822.
Signed at Washington, DC, this 27th day of
November 2013.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2013–29362 Filed 12–9–13; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Investigations Regarding Eligibility To
Apply for Worker Adjustment
Assistance
Petitions have been filed with the
Secretary of Labor under Section 221(a)
Impact date
Location
Impact date
Colorado Springs, CO.
Colorado Springs, CO.
of the Trade Act of 1974 (‘‘the Act’’) and
are identified in the Appendix to this
notice. Upon receipt of these petitions,
the Director of the Office of Trade
Adjustment Assistance, Employment
and Training Administration, has
instituted investigations pursuant to
Section 221(a) of the Act.
The purpose of each of the
investigations is to determine whether
the workers are eligible to apply for
adjustment assistance under Title II,
Chapter 2, of the Act. The investigations
will further relate, as appropriate, to the
determination of the date on which total
or partial separations began or
threatened to begin and the subdivision
of the firm involved.
The petitioners or any other persons
showing a substantial interest in the
subject matter of the investigations may
request a public hearing, provided such
request is filed in writing with the
Director, Office of Trade Adjustment
Assistance, at the address shown below,
not later than December 20, 2013.
Interested persons are invited to
submit written comments regarding the
subject matter of the investigations to
the Director, Office of Trade Adjustment
Assistance, at the address shown below,
not later than December 20, 2013.
The petitions filed in this case are
available for inspection at the Office of
the Director, Office of Trade Adjustment
Assistance, Employment and Training
Administration, U.S. Department of
Labor, Room N–5428, 200 Constitution
Avenue NW., Washington, DC 20210.
Signed at Washington, DC, this 27th day of
November 2013.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
APPENDIX
[18 TAA petitions instituted between 11/18/13 and 11/22/13]
maindgalligan on DSK5TPTVN1PROD with NOTICES
TA–W
83221
83222
83223
83224
83225
83226
......................................
......................................
......................................
......................................
......................................
......................................
83227 ......................................
VerDate Mar<15>2010
18:48 Dec 09, 2013
Date of institution
Date of petition
Subject firm (petitioners)
Location
State Industries (State/One-Stop) ..........................
Advance Auto Parts (Workers) ..............................
CDS Publications/Yamagata (State/One-Stop) .....
Blake One, Inc. (State/One-Stop) ..........................
Pilkington, NA (Union) ............................................
American Express, World Service (State/OneStop).
CCL Industries, frmly Avery North America Supply
Chain (Union).
Eugene, OR ...................
Roanoke, VA ..................
Vista, CA ........................
New York, NY ................
Lathrop, CA ....................
Salt Lake City, UT .........
11/19/13
11/19/13
11/19/13
11/19/13
11/19/13
11/19/13
11/13/13
11/18/13
11/17/13
11/18/13
11/18/13
11/18/13
Chicopee, MA ................
11/20/13
11/19/13
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10DEN1
]]>Agencies
[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74164-74166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29362]
-----------------------------------------------------------------------
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 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
[[Page 74165]]
under Section 222(a) of the Act, and such supply or production is
related to the article or service that was the basis for such
certification; and
(3) either--
(A) the workers' firm is a supplier and the component parts it
supplied to the firm described in paragraph (2) accounted for at least
20 percent of the production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm described
in paragraph (2) contributed importantly to the workers' separation or
threat of separation.
In order for an affirmative determination to be made for adversely
affected workers in firms identified by the International Trade
Commission and a certification issued regarding eligibility to apply
for worker adjustment assistance, each of the group eligibility
requirements of Section 222(f) of the Act must be met.
(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic industry in an
investigation resulting in--
(A) an affirmative determination of serious injury or threat
thereof under section 202(b)(1);
(B) an affirmative determination of market disruption or threat
thereof under section 421(b)(1); or
(C) an affirmative final determination of material injury or threat
thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning on the
date on which--
(A) a summary of the report submitted to the President by the
International Trade Commission under section 202(f)(1) with respect to
the affirmative determination described in paragraph (1)(A) is
published in the Federal Register under section 202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal Register; and
(3) the workers have become totally or partially separated from the
workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year period preceding
the 1-year period described in paragraph (2).
Affirmative Determinations for Worker Adjustment Assistance
The following certifications have been issued. The date following
the company name and location of each determination references the
impact date for all workers of such determination.
The following certifications have been issued. The requirements of
Section 222(a)(2)(A) (increased imports) of the Trade Act have been
met.
----------------------------------------------------------------------------------------------------------------
TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
82,897............... Alorica, Inc....................... Cedar Rapids, IA.... July 10, 2012.
83,041............... American Customer Care, Inc., Haier Montoursville, PA... August 28, 2012.
Tier One Group, Aerotek.
----------------------------------------------------------------------------------------------------------------
The following certifications have been issued. The requirements of
Section 222(a)(2)(B) (shift in production or services) of the Trade Act
have been met.
----------------------------------------------------------------------------------------------------------------
TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
83,133....................... Alkco, Philips Lighting, Beco Franklin Park, IL October 11, 2012.
Group, and Adecco.
83,145....................... Westinghouse Fuel Company, LLC, Windsor, CT...... October 17, 2012.
Windsor Fuel Components.
83,149....................... Navistar Truck Development & Fort Wayne, IN... October 21, 2013.
Technology Center, Populus
Group, Technical Training,
Inc., PPP, OTEK, Staffmark, Mid-
States.
83,176....................... Spence Engineering Company, Walden, NY....... October 22, 2012.
Inc., Circor International,
Inc., Knapp Consultants.
83,182....................... MetLife Group, Inc., MetLife, Johnstown, PA.... October 29, 2012.
Inc., Service Delivery Center,
CLR Operations Unit.
83,187....................... Clyde Union, Inc., SPX Power and Battle Creek, MI. October 22, 2012.
Energy, Manpower, Aerotek,
Impact Solutions.
83,196....................... Standard Microsystems Hauppauge, NY.... November 4, 2012.
Corporation, Microchip
Technology, Test Division,
Stivers Staffing.
83,211....................... Creavey Seal Company, Sanders Scott Township, November 7, 2012.
Industries, Express Employment PA.
and ERG Staffing.
----------------------------------------------------------------------------------------------------------------
The following certifications have been issued. The requirements of
Section 222(c) (supplier to a firm whose workers are certified eligible
to apply for TAA) of the Trade Act have been met.
----------------------------------------------------------------------------------------------------------------
TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
83,027............... Meritor Heavy Vehicle Systems, LLC, Heath, OH........... April 30, 2013.
Specialty Group Division, Meritor,
Inc., Populus Group and Academy
Medical.
----------------------------------------------------------------------------------------------------------------
[[Page 74166]]
Negative Determinations for Worker Adjustment Assistance
In the following cases, the investigation revealed that the
eligibility criteria for worker adjustment assistance have not been met
for the reasons specified.
The investigation revealed that the criteria under paragraphs
(a)(2)(A) (increased imports) and (a)(2)(B) (shift in production or
services to a foreign country) of section 222 have not been met.
----------------------------------------------------------------------------------------------------------------
TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
83,113............... JP Morgan Chase and Company, Westerville, OH..... ..............................
Mortgage Banking Division,
Production Operations.
----------------------------------------------------------------------------------------------------------------
Determinations Terminating Investigations of Petitions for Worker
Adjustment Assistance
After notice of the petitions was published in the Federal Register
and on the Department's Web site, as required by Section 221 of the Act
(19 U.S.C. 2271), the Department initiated investigations of these
petitions.
The following determinations terminating investigations were issued
because the petitioning groups of workers are covered by active
certifications. Consequently, further investigation in these cases
would serve no purpose since the petitioning group of workers cannot be
covered by more than one certification at a time.
----------------------------------------------------------------------------------------------------------------
TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
82,932............... Atmel Corporation.................. Colorado Springs, CO
83,174............... Atmel Corporation.................. Colorado Springs, CO
----------------------------------------------------------------------------------------------------------------
I hereby certify that the aforementioned determinations were
issued during the period of November 18, 2013 through November 22,
2013. These determinations are available on the Department's Web
site tradeact/taa/taa--search--form.cfm under the searchable listing
of determinations or by calling the Office of Trade Adjustment
Assistance toll free at 888-365-6822.
Signed at Washington, DC, this 27th day of November 2013.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-29362 Filed 12-9-13; 8:45 am]
BILLING CODE 4510-FN-P
