[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Notices]
[Page 28626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11481]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,286]


Oshkosh Defense, a Subsidiary of Oshkosh Corporation, Including 
On-Site Leased Workers From Acountemps, Advantage Federal Resourcing, 
Aerotek, Cadre, Dyncorp International, EDCI IT Services, LLC, Landmark 
Staffing Resources, Inc., Larsen and Toubro Limited, MRI Network/Manta 
Resources, Inc., Omni Resources, Premier Temporary Staffing, Retzlaff 
Parts and Repair, Roman Engineering, Straight Shot Express, Inc., 
Teksystems, and Labor Ready, Oshkosh, Wisconsin; Notice of Affirmative 
Determination Regarding Application for Reconsideration

    By application dated March 15, 2013, a representative of the United 
Auto Workers (UAW), Local 578, requested administrative reconsideration 
of the negative determination regarding workers' eligibility to apply 
for Trade Adjustment Assistance (TAA) applicable to workers and former 
workers of Oshkosh Defense, a subsidiary of Oshkosh Corporation, 
Oshkosh, Wisconsin (subject firm). The negative determination was 
issued on February 22, 2013. Workers at the subject firm were engaged 
in activities related to the production of military, logistical, and 
tactical vehicles. The workers are not separately identifiable by 
article produced. The subject worker group includes workers at various 
facilities in Oshkosh, Wisconsin who are engaged in production of, and 
administrative functions in support of, the articles produced by the 
subject firm.
    The subject worker group also includes on-site leased workers from 
Acountemps, Advantage Federal Resourcing, Aerotek, Cadre, Dyncorp 
International, EDCi IT Services, LLC, Landmark Staffing Resources, 
Inc., Larsen and Toubro Limited, MRI Network/Manta Resources, Inc., 
Omni Resources, Premier Temporary Staffing, Retzlaff Parts and Repair, 
Roman Engineering, Straight Shot Express, Inc., Teksystems, and Labor 
Ready.
    The initial investigation resulted in a negative determination 
based on the Department's findings that Oshkosh Defense did not import, 
during the relevant time period, components like or directly 
competitive with those produced by Oshkosh Defense or finished products 
using foreign-produced component parts that are like or directly 
competitive with those manufactured by Oshkosh Defense.
    With respect to Section 222(a)(2)(B) of the Act, the investigation 
revealed that Oshkosh Defense did not shift the production of military, 
logistical, and tactical vehicles, or like or directly competitive 
articles, to a foreign country or acquire such articles from a foreign 
country.
    With respect to Section 222(b)(2) of the Act, the investigation 
revealed that Oshkosh Defense is not a Supplier or Downstream Producer 
to a firm that employed a group of workers who received a certification 
of eligibility under Section 222(a) of the Act, 19 U.S.C. 2272(a).
    Finally, the group eligibility requirements under Section 222(e) of 
the Act, have not been satisfied because 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.
    The request for reconsideration alleges that the Department has 
issued a determination for a worker group other than the one identified 
by the UAW in its petition. Specifically, the UAW states that the 
subject firm is Oshkosh Corporation and that UAW has a collective 
bargaining agreement with Oshkosh Corporation.
    The request for reconsideration also alleges that the Department 
has misunderstood the articles produced at the subject facility. 
Specifically, the UAW states that the subject facility produces 
articles for both military and commercial use.
    The request for reconsideration also asserts that an article or a 
component part for military use is like or directly competitive with 
the same one for commercial use.
    In reviewing the administrative record, the Department notes that 
the subject firm in the petition is identified as both Oshkosh 
Corporation and Oshkosh Truck and that Exhibit A of the petition is a 
Worker Adjustment and Retraining Notification Act (``WARN'') letter 
from Oshkosh Defense.
    The Department has carefully reviewed the request for 
reconsideration and the existing record, and will conduct further 
investigation to properly identify the subject worker group and to 
determine if the subject worker group meets the eligibility 
requirements of the Trade Act of 1974, as amended.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 29th day of April, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-11481 Filed 5-14-13; 8:45 am]
BILLING CODE 4510-FN-P