[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16827-16828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06680]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-83,058]
Sysco Denver LLC, A Subsidiary of Sysco Corporation, Information
Technology (It) Department, Denver, Colorado; Notice of Negative
Determination on Reconsideration
On November 27, 2013, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of Sysco Denver LLC, a subsidiary of Sysco
Corporation, Information Technology (IT) Department, Denver, Colorado
(Sysco Denver-IT Department). The Department's Notice of determination
was published in the Federal Register on December 10, 2013 (78 FR
74162).
The Sysco Denver-IT Department worker group is engaged in
activities related to the supply of information technology (IT)
services. The Sysco Denver-IT Department is separately identifiable
from other groups within Sysco Denver LLC, Denver, Colorado.
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
misinterpretation of facts or of the law justified reconsideration of
the decision.
The initial investigation resulted in a negative determination
based on the findings that a significant number or proportion of the
workers in such workers' firm or appropriate subdivision have not
become totally or partially separated, nor are they threatened with
such separation.
Significant number or proportion of the workers means that: (a) In
most cases the total or partial separations, or both, in a firm or
appropriate subdivision thereof, are the equivalent to a total
unemployment of five percent (5 percent) of the workers or 50 workers,
whichever is less; or (b) At least three workers in a firm (or
appropriate subdivision thereof) with a work force of fewer than 50
workers would ordinarily have to be affected.
29 CFR 90.2
In the case at hand, fewer than three workers were totally or
partially separated or threatened with such separation.
The request for reconsideration states that the two workers
separated at Sysco Denver-IT Department were part of a larger worker
group (those supplying IT services at various Sysco Corporation
facilities) and that IT functions are being outsourced to India. The
request also referenced a certification applicable to another worker
group (TA-W-82,383; Sysco Boston LLC, Plympton, Massachusetts).
The reconsideration investigation revealed that the workers of
Sysco Denver-IT Department were not part of a larger IT worker group
nor did they report to any other firm locations.
During the reconsideration investigation, the subject firm
confirmed that the subject workers did not report to nor were they part
of the Sysco Boston LLC, Plymptom, Massachusetts worker group.
Consequently, the Department determined that an amendment to the TA--W-
82,383 certification is not appropriate. Further, the reconsideration
investigation revealed that the workers of Sysco Denver-IT Department
reported to individuals within the Sysco Denver Operating Company and
received wages as employees of Sysco Denver LLC. Sysco Corporation did
not employ these individuals nor did Sysco Corporate control or direct
their daily activities.
The request for reconsideration implies that since individuals and
pairs of workers constitute a worker group, the subject workers
constitute a worker group. 29 CFR 90.2 defines a group of workers as
three or more workers in a firm or appropriate subdivision thereof. The
petitioning worker group in TA-W-82,383 met the requirements of a
group.
Information obtained during the reconsideration investigation
confirmed that with respect to Section 222(a) and Section 222(b) of the
Act, Criterion (1) has not been met because a significant number or
proportion of the workers in such workers' firm have not become totally
or partially separated, nor are they threatened to become totally or
partially separated.
A careful review of previously-submitted information and
information obtained during the reconsideration investigation revealed
that the worker group consisting of Sysco Denver LLC, a subsidiary of
Sysco Corporation, Information Technology (IT) Department, Denver,
Colorado, did not meet this requirement.
The workers' firm has not been publically identified by name by the
International Trade Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious injury,
market disruption, or material injury, or threat thereof.
Therefore, after careful review of the request for reconsideration,
the Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After careful review of previously-submitted information and
information obtained during the reconsideration investigation, I affirm
the notice of negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Sysco Denver
LLC, a subsidiary of Sysco Corporation, Information Technology (IT)
Department, Denver, Colorado, in
[[Page 16828]]
accordance with Section 223 of the Act, 19 U.S.C. Sec. 2273.
Signed in Washington, DC on this 13th day of March, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-06680 Filed 3-25-14; 8:45 am]
BILLING CODE 4510-FN-P