80 FR 15823 - Covidien LP, North American Shared Services Group, Mansfield, Massachusetts; Notice of Negative Determination Regarding Application for Reconsideration

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 80, Issue 57 (March 25, 2015)

[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Notices]
[Pages 15823-15824]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06833]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,640]


Covidien LP, North American Shared Services Group, Mansfield, 
Massachusetts; Notice of Negative Determination Regarding Application 
for Reconsideration

    By application dated December 11, 2014, a separated worker 
requested administrative reconsideration of the Department of Labor's 
negative determination regarding eligibility to apply for worker 
adjustment assistance, applicable to workers and former workers of 
Covidien LP, North American Shared Services Group, Mansfield, 
Massachusetts (Subject Firm). The denial notice was signed on November 
25, 2014, and the Notice of Determination was published in the Federal 
Register on December 10, 2014 (79 FR 73338).
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The initial investigation revealed that the subject firm does not 
produce an article within the meaning of Section 222(a) or Section 
222(b) of the Act. Rather, the investigation revealed that the workers' 
firm supplied services related to administrative support and customer 
services. In order to be considered eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, the worker group 
seeking certification (or on whose behalf certification is being 
sought) must work for a ``firm'' or appropriate subdivision that 
produces an article. The definition of a firm includes an individual 
proprietorship, partnership, joint venture, association, corporation 
(including a development corporation), business trust, cooperative, 
trustee in bankruptcy, and receiver under decree of any court.
    In the request for reconsideration, the petitioner stated that the 
workers of the subject firm should be eligible for TAA because the 
subject firm shifted to a foreign country the supply of like or

[[Page 15824]]

directly competitive services with those provided by the workers of the 
subject firm.
    The petitioner did not supply facts not previously considered; nor 
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. Based on these findings, the Department 
determines that 29 CFR 90.18(c) has not been met.

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 reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed in Washington, DC, this 12th day of March, 2015.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2015-06833 Filed 3-24-15; 8:45 am]
 BILLING CODE 4510-FN-P