81 FR 66083 - Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 81, Issue 186 (September 26, 2016)

Page Range		66083-66083
FR Document		2016-23028

Federal Register, Volume 81 Issue 186 (Monday, September 26, 2016)

[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Page 66083]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23028]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-91,258; TA-W-91,258A; TA-W-91,258B]


 Amended Certification Regarding Eligibility To Apply for Worker 
Adjustment Assistance

International Business Machines (IBM), Global Technology Services 
(GTS), Including On-Site Leased Workers From Collabera, Apc 
Workforce Solutions, Artech, CDI, and Infinite, Denver, Colorado;
International Business Machines (IBM), Global Technology Services 
(GTS), Including On-Site Leased Workers From Collabera, Artech, CDI, 
and Infinite, Endicott, New York;
International Business Machines (IBM), Global Technology Services 
(GTS), Including On-Site Leased Workers From Collabera, Artech, CDI, 
and Infinite, Omaha, Nebraska

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(``Act''), 19 U.S.C. 2273, the Department of Labor issued a 
Certification of Eligibility to Apply for Worker Adjustment Assistance 
on February 20, 2016, applicable to workers of International Business 
Machines (IBM), Global Technology Services (GTS) division, including 
on-site leased workers from Collabera, APC Workforce Solutions, Artech, 
CDI, and Infinite, Denver, Colorado (TA-W-91258) (herein known as 
``IBM--GTS''). The Department's notice of determination was published 
in the Federal Register on March 24, 2016 (81 FR 15748).
    During the investigation, it was revealed that the worker group for 
TA-W-91,870 and TA-W-91,258 belong to the same subject firm. As a 
result, the Department reviewed the certification for workers of the 
subject firm. The workers at the subject firm were engaged in 
activities related to the supply of information technology services 
(storage engineering, middleware database, and server administration) 
for a client's account.
    The investigation confirmed that worker separations at 
International Business Machines (IBM), Global Technology Services (GTS) 
division, including on-site leased workers from Collabera, Artech, CDI, 
and Infinite, Endicott, New York (TA-W-91258A) and International 
Business Machines (IBM), Global Technology Services (GTS) division, 
including on-site leased workers from Collabera, Artech, CDI, and 
Infinite, Omaha, Nebraska (TA-W-91258B) were due to an acquisition of 
services from a foreign country.
    The intent of the Department's certification is to include all 
workers of the subject firm who were adversely affected by the shift in 
services from a foreign country the supply of services that is like or 
directly competitive to the services supplied by the workers of the 
subject firm.
    The amended notice applicable to TA-W-91,258, TA-W-91,258A, and TA-
W-91,350B is hereby issued as follows:

    All workers from International Business Machines (IBM), Global 
Technology Services (GTS) division, including on-site leased workers 
from Collabera, APC Workforce Solutions, Artech, CDI, and Infinite, 
Denver, Colorado (TA-W-91258); International Business Machines 
(IBM), Global Technology Services (GTS) division, including on-site 
leased workers from Collabera, Artech, CDI, and Infinite, Endicott, 
New York (TA-W-91258A); and International Business Machines (IBM), 
Global Technology Services (GTS) division, including on-site leased 
workers from Collabera, Artech, CDI, and Infinite, Omaha, Nebraska 
(TA-W-91258B) who became totally or partially separated from 
employment on or after December 22, 2014 through February 20, 2018, 
and all workers in the group threatened with total or partial 
separation from employment on date of certification through two 
years from the date of certification, are eligible to apply for 
adjustment assistance under Chapter 2 of Title II of the Trade Act 
of 1974, as amended.

    Signed in Washington, DC, this 22nd day of August 2016.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2016-23028 Filed 9-23-16; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices 66083

Dated: September 20, 2016. The Department of Labor has carefully During the investigation, it was
Jerri Murray, reviewed the request for reconsideration revealed that the worker group for TA–
Department Clearance Officer for PRA, and the existing record, and has W–91,870 and TA–W–91,258 belong to
United States Department of Justice. determined that the Department will the same subject firm. As a result, the
[FR Doc. 2016–23007 Filed 9–23–16; 8:45 am] conduct further investigation to Department reviewed the certification
BILLING CODE 4410–02–P determine if the workers meet the for workers of the subject firm. The
eligibility requirements of the Trade Act workers at the subject firm were
of 1974. engaged in activities related to the
DEPARTMENT OF LABOR supply of information technology
Conclusion
services (storage engineering,
Employment and Training After careful review of the middleware database, and server
Administration application, I conclude that the claim is administration) for a client’s account.
of sufficient weight to justify The investigation confirmed that
[TA–W–91,562] reconsideration of the U.S. Department worker separations at International
of Labor’s prior decision. The Business Machines (IBM), Global
Halliburton Energy Services, 2600 S. application is, therefore, granted.
2nd Street, Duncan, Oklahoma; Notice Technology Services (GTS) division,
of Affirmative Determination Regarding Signed at Washington, DC, this 22nd day including on-site leased workers from
of August, 2016. Collabera, Artech, CDI, and Infinite,
Application for Reconsideration
Hope D. Kinglock, Endicott, New York (TA–W–91258A)
By application dated June 22, 2016, Certifying Officer, Office of Trade Adjustment and International Business Machines
workers requested administrative Assistance. (IBM), Global Technology Services
reconsideration of the negative [FR Doc. 2016–23025 Filed 9–23–16; 8:45 am] (GTS) division, including on-site leased
determination regarding workers’ BILLING CODE P workers from Collabera, Artech, CDI,
eligibility to apply for worker and Infinite, Omaha, Nebraska (TA–W–
adjustment assistance applicable to 91258B) were due to an acquisition of
workers and former workers of DEPARTMENT OF LABOR services from a foreign country.
Halliburton Energy Services, 2600 S. The intent of the Department’s
2nd Street, Duncan, Oklahoma. The Employment and Training certification is to include all workers of
determination was issued on May 22, Administration the subject firm who were adversely
2016. affected by the shift in services from a
Pursuant to 29 CFR 90.18(c) [TA–W–91,258; TA–W–91,258A; TA–W–
91,258B]
foreign country the supply of services
reconsideration may be granted under that is like or directly competitive to the
the following circumstances: services supplied by the workers of the
Amended Certification Regarding
(1) If it appears on the basis of facts subject firm.
Eligibility To Apply for Worker
not previously considered that the
Adjustment Assistance The amended notice applicable to
determination complained of was
TA–W–91,258, TA–W–91,258A, and
erroneous; International Business Machines (IBM), TA–W–91,350B is hereby issued as
(2) If it appears that the determination Global Technology Services (GTS),
Including On-Site Leased Workers From
follows:
complained of was based on a mistake
in the determination of facts not Collabera, Apc Workforce Solutions, All workers from International Business
previously considered; or Artech, CDI, and Infinite, Denver, Machines (IBM), Global Technology Services
(3) If in the opinion of the Certifying Colorado; (GTS) division, including on-site leased
International Business Machines (IBM), workers from Collabera, APC Workforce
Officer, a misinterpretation of facts or of Global Technology Services (GTS), Solutions, Artech, CDI, and Infinite, Denver,
the law justified reconsideration of the Including On-Site Leased Workers From Colorado (TA–W–91258); International
decision. Collabera, Artech, CDI, and Infinite, Business Machines (IBM), Global Technology
The initial investigation resulted in a Endicott, New York; Services (GTS) division, including on-site
negative determination based on the International Business Machines (IBM), leased workers from Collabera, Artech, CDI,
findings that increased imports of oil Global Technology Services (GTS), and Infinite, Endicott, New York (TA–W–
and natural gas did not contribute Including On-Site Leased Workers From 91258A); and International Business
importantly to the separations at Collabera, Artech, CDI, and Infinite, Machines (IBM), Global Technology Services
Halliburton Energy Services, the firm Omaha, Nebraska (GTS) division, including on-site leased
workers from Collabera, Artech, CDI, and
did not shift the production of oil or In accordance with Section 223 of the Infinite, Omaha, Nebraska (TA–W–91258B)
natural gas to a foreign country or Trade Act of 1974, as amended (‘‘Act’’), who became totally or partially separated
acquire oil or natural gas from a foreign 19 U.S.C. 2273, the Department of Labor from employment on or after December 22,
country. Furthermore, the firm was not issued a Certification of Eligibility to 2014 through February 20, 2018, and all
a Supplier or Downstream Producer to Apply for Worker Adjustment workers in the group threatened with total or
a firm whose workers were certified Assistance on February 20, 2016, partial separation from employment on date
eligible to apply for Trade Adjustment applicable to workers of International of certification through two years from the
Assistance and the firm was not Business Machines (IBM), Global date of certification, are eligible to apply for
publicly named by the International Technology Services (GTS) division, adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
Trade Commission as a part of a including on-site leased workers from
mstockstill on DSK3G9T082PROD with NOTICES

domestic industry in an affirmative Collabera, APC Workforce Solutions, Signed in Washington, DC, this 22nd day
finding of serious injury, market Artech, CDI, and Infinite, Denver, of August 2016.
disruption, or material injury, or threat Colorado (TA–W–91258) (herein known Hope D. Kinglock,
thereof. as ‘‘IBM—GTS’’). The Department’s Certifying Officer, Office of Trade Adjustment
The request for reconsideration notice of determination was published Assistance.
asserts that workers in the same location in the Federal Register on March 24, [FR Doc. 2016–23028 Filed 9–23–16; 8:45 am]
are receiving the same benefits. 2016 (81 FR 15748). BILLING CODE P

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Document Created: 2018-02-09 13:22:51
Document Modified: 2018-02-09 13:22:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 66083

81 FR 66083 - Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance

DEPARTMENT OF LABOREmployment and Training Administration

Federal Register Volume 81, Issue 186 (September 26, 2016)

DEPARTMENT OF LABOR
Employment and Training Administration