Sysco Denver LLC, A Subsidiary of Sysco Corporation, Information Technology (It) Department, Denver, Colorado; Notice of Negative Determination on Reconsideration, 16827-16828 [2014-06680]

Download as PDF Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices TA–W No. Subject firm 83,218 .......... 83,334B ........ The Boeing Company, Information Technology Operations Center .. IBM Corporation, Power System Technology, Enterprise Systems, Development. IBM Corporation, Game Chip Design, OEM Microprocessors, Enterprise Systems, D&M, STG. Kaleidoscope Industries, Inc ............................................................... 83,334C ........ 83,345 .......... I hereby certify that the aforementioned determinations were issued during the period of March 3, 2014 through March 7, 2014. These determinations are available on the Department’s Web site tradeact/taa/taa_ search_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 13th day of March 2014. Hope D. Kinglock, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–06677 Filed 3–25–14; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–83,058] sroberts on DSK5SPTVN1PROD with NOTICES Sysco Denver LLC, A Subsidiary of Sysco Corporation, Information Technology (It) Department, Denver, Colorado; Notice of Negative Determination on Reconsideration On November 27, 2013, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Sysco Denver LLC, a subsidiary of Sysco Corporation, Information Technology (IT) Department, Denver, Colorado (Sysco Denver-IT Department). The Department’s Notice of determination was published in the Federal Register on December 10, 2013 (78 FR 74162). The Sysco Denver-IT Department worker group is engaged in activities related to the supply of information technology (IT) services. The Sysco Denver-IT Department is separately identifiable from other groups within Sysco Denver LLC, Denver, Colorado. 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 VerDate Mar<15>2010 17:43 Mar 25, 2014 Jkt 232001 Location Frm 00074 Fmt 4703 Sfmt 4703 Impact date Annapolis Junction, MD Essex Junction, VT Essex Junction, VT Howell, MI 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 initial investigation resulted in a negative determination based on the findings that a significant number or proportion of the workers in such workers’ firm or appropriate subdivision have not become totally or partially separated, nor are they threatened with such separation. 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. 29 CFR 90.2 In the case at hand, fewer than three workers were totally or partially separated or threatened with such separation. The request for reconsideration states that the two workers separated at Sysco Denver-IT Department were part of a larger worker group (those supplying IT services at various Sysco Corporation facilities) and that IT functions are being outsourced to India. The request also referenced a certification applicable to another worker group (TA–W–82,383; Sysco Boston LLC, Plympton, Massachusetts). The reconsideration investigation revealed that the workers of Sysco Denver-IT Department were not part of a larger IT worker group nor did they report to any other firm locations. During the reconsideration investigation, the subject firm confirmed that the subject workers did not report to nor were they part of the Sysco Boston LLC, Plymptom, Massachusetts worker group. Consequently, the Department determined that an amendment to the TA—W–82,383 certification is not appropriate. Further, the reconsideration investigation revealed that the workers of Sysco Denver-IT Department reported to PO 00000 16827 individuals within the Sysco Denver Operating Company and received wages as employees of Sysco Denver LLC. Sysco Corporation did not employ these individuals nor did Sysco Corporate control or direct their daily activities. The request for reconsideration implies that since individuals and pairs of workers constitute a worker group, the subject workers constitute a worker group. 29 CFR 90.2 defines a group of workers as three or more workers in a firm or appropriate subdivision thereof. The petitioning worker group in TA–W– 82,383 met the requirements of a group. Information obtained during the reconsideration investigation confirmed that with respect to Section 222(a) and Section 222(b) of the Act, Criterion (1) has not been met because a significant number or proportion of the workers in such workers’ firm have not become totally or partially separated, nor are they threatened to become totally or partially separated. A careful review of previouslysubmitted information and information obtained during the reconsideration investigation revealed that the worker group consisting of Sysco Denver LLC, a subsidiary of Sysco Corporation, Information Technology (IT) Department, Denver, Colorado, did not meet this requirement. The workers’ firm has not been publically identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in an affirmative finding of serious injury, market disruption, or material injury, or threat thereof. Therefore, after careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met. Conclusion After careful review of previouslysubmitted information and information obtained during the reconsideration investigation, I affirm the notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Sysco Denver LLC, a subsidiary of Sysco Corporation, Information Technology (IT) Department, Denver, Colorado, in E:\FR\FM\26MRN1.SGM 26MRN1 16828 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices accordance with Section 223 of the Act, 19 U.S.C. § 2273. Signed in Washington, DC on this 13th day of March, 2014. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–06680 Filed 3–25–14; 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) 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 April 7, 2014. 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 April 7, 2014. 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 13th day of March 2014. Hope D. Kinglock, Certifying Officer, Office of Trade Adjustment Assistance. Appendix 19 TAA PETITIONS INSTITUTED BETWEEN 3/3/14 AND 3/7/14 Date of institution Date of petition TA–W Subject firm (petitioners) Location 85107 ................ 85108 ................ Honeywell FM&T/NSC (Union) ............................................. Ameron International/National Oilwell Varco (State/OneStop). Sharp Manufacturing Company of America (Union) ............ LMH Industries (State/One-Stop) ......................................... Windstream Corporation (Workers) ...................................... UL LLC (Workers) ................................................................ Rock-Tenn Corrugated Packaging Container (Union) ......... Predator Systems Inc/Curtiss Wright Controls (Workers) .... Hoax Films (State/One-Stop) ............................................... Adidas Group (Reebok Int’l. LTD) (State/One-Stop) ........... H.J. Heinz Company, L.P. (Company) ................................. Cameron International Corporation (Workers) ..................... Hewlett Packard (State/One-Stop) ....................................... Rock Creek Athletics, Inc. (State/One-Stop) ........................ Riddle Plywood Plant #4 (Union) ......................................... Bimbo Bakeries USA (State/One-Stop) ............................... Elsevier, Inc. (Company) ...................................................... Columbia River Logistics (Company) ................................... SourceMedical—Source Therapy Billing Division (Company). Kansas City, MO ................... Fontana, CA .......................... 03/04/14 03/04/14 02/28/14 02/28/14 Memphis, TN ......................... Redmond, OR ....................... Dalton, GA ............................ Melville, NY ........................... Grand Prairie, TX .................. Boca Raton, FL ..................... Los Angeles, CA ................... Canton, MA ........................... Pocatello, ID .......................... Buffalo, NY ............................ Palo Alto, CA ........................ Grinnell, IA ............................ Riddle, OR ............................ Wichita, KS ........................... San Diego, CA ...................... Vancouver, WA ..................... Birmingham, AL .................... 03/04/14 03/04/14 03/04/14 03/04/14 03/04/14 03/04/14 03/05/14 03/05/14 03/05/14 03/05/14 03/05/14 03/06/14 03/06/14 03/06/14 03/06/14 03/07/14 03/07/14 02/28/14 02/28/14 02/28/14 03/01/14 03/02/14 02/18/14 03/04/14 03/03/14 03/03/14 03/04/14 03/04/14 03/05/14 03/05/14 03/05/14 03/05/14 03/06/14 03/06/14 85109 85110 85111 85112 85113 85114 85115 85116 85117 85118 85119 85120 85121 85122 85123 85124 85125 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ [FR Doc. 2014–06675 Filed 3–25–14; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Bureau of Labor Statistics Proposed Collection; Comment Request sroberts on DSK5SPTVN1PROD with NOTICES ACTION: Notice. The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed SUMMARY: VerDate Mar<15>2010 17:43 Mar 25, 2014 Jkt 232001 and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(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. The Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed reinstatement of the ‘‘National Longitudinal Survey of Youth 1979.’’ A copy of the proposed information collection request (ICR) can be obtained by contacting the individual PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 listed in the Addresses section of this notice. Written comments must be submitted to the office listed in the Addresses section below on or before May 27, 2014. DATES: Send comments to Nora Kincaid, BLS Clearance Officer, Division of Management Systems, Bureau of Labor Statistics, Room 4080, 2 Massachusetts Avenue NE., Washington, DC 20212. Written comments also may be transmitted by fax to 202–691–5111 (this is not a toll free number). ADDRESSES: FOR FURTHER INFORMATION CONTACT: Nora Kincaid, BLS Clearance Officer, E:\FR\FM\26MRN1.SGM 26MRN1

Agencies

[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16827-16828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06680]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-83,058]


Sysco Denver LLC, A Subsidiary of Sysco Corporation, Information 
Technology (It) Department, Denver, Colorado; Notice of Negative 
Determination on Reconsideration

    On November 27, 2013, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Sysco Denver LLC, a subsidiary of Sysco 
Corporation, Information Technology (IT) Department, Denver, Colorado 
(Sysco Denver-IT Department). The Department's Notice of determination 
was published in the Federal Register on December 10, 2013 (78 FR 
74162).
    The Sysco Denver-IT Department worker group is engaged in 
activities related to the supply of information technology (IT) 
services. The Sysco Denver-IT Department is separately identifiable 
from other groups within Sysco Denver LLC, Denver, Colorado.
    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 initial investigation resulted in a negative determination 
based on the findings that a significant number or proportion of the 
workers in such workers' firm or appropriate subdivision have not 
become totally or partially separated, nor are they threatened with 
such separation.
    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.

29 CFR 90.2

    In the case at hand, fewer than three workers were totally or 
partially separated or threatened with such separation.
    The request for reconsideration states that the two workers 
separated at Sysco Denver-IT Department were part of a larger worker 
group (those supplying IT services at various Sysco Corporation 
facilities) and that IT functions are being outsourced to India. The 
request also referenced a certification applicable to another worker 
group (TA-W-82,383; Sysco Boston LLC, Plympton, Massachusetts).
    The reconsideration investigation revealed that the workers of 
Sysco Denver-IT Department were not part of a larger IT worker group 
nor did they report to any other firm locations.
    During the reconsideration investigation, the subject firm 
confirmed that the subject workers did not report to nor were they part 
of the Sysco Boston LLC, Plymptom, Massachusetts worker group. 
Consequently, the Department determined that an amendment to the TA--W-
82,383 certification is not appropriate. Further, the reconsideration 
investigation revealed that the workers of Sysco Denver-IT Department 
reported to individuals within the Sysco Denver Operating Company and 
received wages as employees of Sysco Denver LLC. Sysco Corporation did 
not employ these individuals nor did Sysco Corporate control or direct 
their daily activities.
    The request for reconsideration implies that since individuals and 
pairs of workers constitute a worker group, the subject workers 
constitute a worker group. 29 CFR 90.2 defines a group of workers as 
three or more workers in a firm or appropriate subdivision thereof. The 
petitioning worker group in TA-W-82,383 met the requirements of a 
group.
    Information obtained during the reconsideration investigation 
confirmed that with respect to Section 222(a) and Section 222(b) of the 
Act, Criterion (1) has not been met because a significant number or 
proportion of the workers in such workers' firm have not become totally 
or partially separated, nor are they threatened to become totally or 
partially separated.
    A careful review of previously-submitted information and 
information obtained during the reconsideration investigation revealed 
that the worker group consisting of Sysco Denver LLC, a subsidiary of 
Sysco Corporation, Information Technology (IT) Department, Denver, 
Colorado, did not meet this requirement.
    The workers' firm has not been publically identified by name by the 
International Trade Commission as a member of a domestic industry in an 
investigation resulting in an affirmative finding of serious injury, 
market disruption, or material injury, or threat thereof.
    Therefore, after careful review of the request for reconsideration, 
the Department determines that 29 CFR 90.18(c) has not been met.

Conclusion

    After careful review of previously-submitted information and 
information obtained during the reconsideration investigation, I affirm 
the notice of negative determination of eligibility to apply for worker 
adjustment assistance for workers and former workers of Sysco Denver 
LLC, a subsidiary of Sysco Corporation, Information Technology (IT) 
Department, Denver, Colorado, in

[[Page 16828]]

accordance with Section 223 of the Act, 19 U.S.C. Sec.  2273.

    Signed in Washington, DC on this 13th day of March, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-06680 Filed 3-25-14; 8:45 am]
BILLING CODE 4510-FN-P