[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Notices]
[Pages 31590-31591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12386]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,253]


Sears Holdings Management Corporation, A Division Of Sears 
Holdings Corporation, Hoffman Estates, Illinois; Notice of Negative 
Determination on Reconsideration

    On August 3, 2012, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Sears Holdings Management Corporation, Hoffman 
Estates, Illinois (subject firm). The Department's Notice of 
determination was published in the Federal Register on August 14, 2012 
(77 FR 48550).
    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.
    During the initial investigation, the Department received 
information that the petitioners worked in different units of the 
subject firm: one petitioner worked in the marketing unit, another

[[Page 31591]]

petitioner worked in the analytics segment of the information and 
technology unit, and the third petitioner worked in the space 
management segment of the supply chain unit. The Department also 
received information from the subject firm that the services supplied 
by each of the petitioners did not shift to a foreign country as 
alleged in the petition.
    In the request for reconsideration, one of the initial petitioners 
stated that the worker group was incorrect in the initial investigation 
(``My position at Sears had nothing to do with Analytics or space 
Management. I worked in Marketing''), that the correct worker group 
consist of workers supplying ``Accounting, Marketing, and inventory 
services'' and that worker separations was due to Sear's shift the 
supply of services to a foreign country (``The IMPACT program supported 
by (Sears Holding) India will be taking over'').
    During the reconsideration investigation, the Department reviewed 
the petition; information supplied by the petitioners; information 
supplied by Sears' representative during the initial investigation; and 
information supplied in the request for reconsideration. The Department 
also requested that the subject firm confirm previously-submitted 
information and address the allegations in the request for 
reconsideration.
    The subject firm clarified that one petitioner supplied print 
marketing management services, another petitioner supplied project 
coordinator analytics services, and the third petitioner supplied 
merchandise planning analysis services. The subject firm also confirmed 
that the services previously supplied by the petitioners were not being 
performed by Sears Holding India and that services supplied by Sears 
Holding India were not increasing while services decreased at Hoffman 
Estates, Illinois. The subject firm also provided information that the 
services supplied by the petitioning workers remain at Hoffman Estates, 
Illinois.
    While there is a certification applicable to TA-W-73,244, each 
petition is determined based on facts specific to the petition. 
Therefore, facts relevant to one petition cannot be the basis for 
certification of another petition.

Conclusion

    After careful review, I determine that the requirements of Section 
222 of the Act, 19 U.S.C. 2272, have not been met and, therefore, deny 
the petition for group eligibility of Workers of Sears Holdings 
Management Corporation, Hoffman Estates, Illinois, to apply for 
adjustment assistance, in accordance with Section 223 of the Act, 19 
U.S.C. 2273.

    Signed in Washington, DC, on this 8th day of May, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-12386 Filed 5-23-13; 8:45 am]
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