Affirmative Determinations Regarding Applications for Reconsideration:
Federal Register: April 14, 2011 (Volume 76, Number 72)
Notices
Page 21033
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr14ap11-93
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,364
International Business Machines (IBM), Sales and Distribution
Business Unit, Global Sales Solution Department, Off-Site Teleworker in
Centerport, New York; Notice of Affirmative Determination Regarding
Application for Reconsideration
By application dated November 29, 2011, by a petitioner requested administrative reconsideration of the negative determination regarding workers' eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of International Business
Machines (IBM), Sales and Distribution Business Unit, Global Sales
Solution Department, off-site teleworker, Centerport, New York (subject firm). The determination was issued on October 29, 2010. The
Department's Notice of Determination was published in the Federal
Register on November 17, 2010 (75 FR 70296). The workers supply computer software development and maintenance services for the Sales and Distribution Business Unit.
The negative determination was based on the findings that Criterion
I has not been met because fewer than three workers were separated and further separations are not threatened.
With respect to Section 222(c) of the Act, the investigation revealed that Criterion (1) has not been met because fewer than three workers were separated and further separations are not threatened. The investigation also revealed that the group eligibility requirements under Section 222(f) of the Act, 19 U.S.C. 2272(f), have not been satisfied because the workers' firm has not been identified in an affirmative finding of injury by the International Trade Commission.
In the request for reconsideration, the petitioner alleged that the subject firm outsourced their job as well as 2,544 other IBM jobs to
India.
The Department has carefully reviewed the request for reconsideration and the existing record, and has determined that there may have been a misinterpretation of the worker group. The Department will conduct further investigation to determine if the petitioning 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, on this 6th day of April 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
FR Doc. 2011-8980 Filed 4-13-11; 8:45 am
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