[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Notices]               
[Page 70613-70614]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de07-69]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,090]

 
ABN AMRO Services Co., Inc., A Wholly Owned Subsidiary of Lasalle 
Bank Corporation, Chicago, IL; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application postmarked October 18, 2007, the petitioner 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on September 17, 2007 and 
published in the Federal Register on October 3, 2007 (72 FR 56385).
    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

[[Page 70614]]

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 TAA determination issued by the Department for workers 
of ABN Amro Services Co., Inc., a wholly owned subsidiary of LaSalle 
Bank Corporation, Chicago, Illinois was based on the finding that the 
worker group does not produce an article within the meaning of Section 
222 of the Trade Act of 1974. The investigation revealed that workers 
of the subject firm are engaged in information technology support. The 
investigation further revealed that no production of article(s) 
occurred within the firm or appropriate subdivision within the ABN Amro 
Services Co., Inc. and LaSalle Bank Corporation during the relevant 
time period.
    The petitioner contends that the Department erred in its 
interpretation of the work performed by the workers of the subject 
firm. The petitioner acknowledges that the workers of the subject firm 
are ``employees of the services sector supporting staff for the bank,'' 
but further alleges that the workers of the subject firm ``produced 
output on regular basis''. The petitioner describes these outputs as 
loans, wire transfer data, account reconciliation statements, billing 
statements, various statistical data, programs, reports, electronic 
files, etc.
    The investigation revealed that all of the above ``outputs'' are 
information and documents used by the subject firm as incidentals to 
the purpose of the services provided by ABN Amro Services Co., Inc., a 
wholly owned subsidiary of LaSalle Bank Corporation. The investigation 
revealed that workers of ABN Amro Services Co., Inc., a wholly owned 
subsidiary of LaSalle Bank Corporation, Chicago, Illinois are engaged 
in IT applications support, maintenance and development. These 
services, as described above, are not considered production of an 
article within the meaning of Section 222 of the Trade Act. No 
production took place at the subject facility and the workers did not 
support production of articles at any affiliated firm in the relevant 
time period.
    The petitioner also alleges that the positions have been shifted 
from the subject firm to India and China.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
However, the investigation determined that workers of ABN Amro Services 
Co., Inc., a wholly owned subsidiary of LaSalle bank Corporation, 
Chicago, Illinois do not produce an article within the meaning of 
Section 222 of the Trade Act of 1974.

Conclusion

    After 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 5th day of December, 2007.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-24023 Filed 12-11-07; 8:45 am]

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