[Federal Register: May 9, 2007 (Volume 72, Number 89)]
[Notices]
[Page 26426-26427]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my07-122]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-53,648]
International Business Machines Corporation, Tulsa, OK; Notice of
Revised Determination on Remand
On March 30, 2007, the United States Court of International Trade
(USCIT) remanded to the Department of Labor (Department) for further
investigation Former Employees of International Business Machines
Corporation v. U.S. Secretary of Labor, Court No. 04-00079. In
accordance with Section 223 of the Trade Act of 1974, as amended (19
U.S.C. 2273), the Department herein presents the results of the remand
investigation regarding workers' eligibility to apply for worker
adjustment assistance.
The initial investigation to determine the eligibility of workers
of International Business Machines Corporation (IBM), Tulsa, Oklahoma
(subject firm) to apply for Trade Adjustment Assistance (TAA) was
initiated on November 26, 2003 in response to a worker-filed petition.
The Department's initial negative determination, issued on December 2,
2003 and published in the Federal Register on January 16, 2004 (69 FR
2622), was based on finding that the workers did not produce an article
within the meaning of Section 222 of the Trade Act of 1974.
The petitioners requested administrative reconsideration of the
negative determination on February 6, 2004. By letter dated February
11, 2004, the petitioners also sought judicial review of the negative
determination. On March 30, 2004, the USCIT granted the Department's
request for voluntary remand in order to issue a finding pursuant to
the request for reconsideration.
The Department issued a negative determination on the request for
reconsideration on March 31, 2004. The Department's Notice of
determination was published in the Federal Register on April 16, 2004
(69 FR 20644). The determination was based on findings
[[Page 26427]]
that the workers' firm did not produce an article within the meaning of
Section 222 of the Trade Act and that the workers did not provide
services in direct support of an affiliated TAA certified firm.
On May 14, 2004, the Department filed its second consent motion for
voluntary remand. The Department issued a negative determination on
remand on August 2, 2004. The Department's Notice of determination was
published in the Federal Register on August 10, 2004 (69 FR 48527). The
determination was based on findings that the workers at the subject
facility did not produce or support the production of an article by IBM
and were not under the control of BP. On December 2, 2005, the USCIT
remanded the matter to the Department.
On February 6, 2006, the Department issued a second negative
determination on remand. The Department's Notice of determination was
published in the Federal Register on March 2, 2006 (71 FR 10709). The
Department's determination was based on findings that the criteria
developed by the Department to determine the extent to which a worker
group engaged in activities related to the production of an article by
a producing firm was under the control of the producing firm had not
been met. On March 30, 2007, the USCIT remanded the matter to the
Department.
The Department has determined after further review that during the
relevant period, a significant number or proportion of the subject
worker group was separated and that the subject worker group was
working in support of, and under sufficient control of import impacted
BP production facilities, whose workers were certified as eligible for
TAA.
Conclusion
Based on review of the record evidence, I determine that BP
controlled the subject worker group and that increased imports of
articles like or directly competitive with crude oil produced by an
affiliated facility which the subject worker group supported,
contributed to the total or partial separation of a significant number
or proportion of workers at the subject facility.
In accordance with the provisions of the Act, I make the following
certification:
``All workers of International Business Machines Corporation,
Tulsa, Oklahoma, who became totally or partially separated from
employment on or after November 26, 2002, through two years from the
issuance of this revised determination, are eligible to apply for
Trade Adjustment Assistance under Section 223 of the Trade Act of
1974.''
Signed at Washington, DC this 2nd day of May 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-8825 Filed 5-8-07; 8:45 am]
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