Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67775 

APPENDIX—Continued 

[TAA petitions instituted between 10/12/10 and 10/15/10] 

TA–W Subject firm (petitioners) Location Date of 

institution 

Date of 

petition 

74720 ................ Environ Biocomposites Manufacturing, LLC (State/OneStop).Mankato, MN ......................... 10/14/10 10/11/10 

74721 ................ Dillard’s, Inc. (State/One-Stop) ............................................. Little Rock, AR ...................... 10/14/10 10/12/10 

74722 ................ Allied Marketing Group (Company) ...................................... Dallas, TX ............................. 10/14/10 10/08/10 

[FR Doc. 2010–27755 Filed 11–2–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–73,503] 

Compass Group USA, Inc., Canteen, 

Webster City, Iowa; Notice of Negative 

Determination on Reconsideration 

On September 21, 2010, the 

Department of Labor issued an 

Affirmative Determination Regarding 

Application for Reconsideration for the 

workers and former workers of the 

subject firm. The notice was published 

in the Federal Register on September 

29, 2010 (75 FR 60139). 

The initial investigation resulted in a 

negative determination based on the 

finding that the subject firm did not, 

during the investigation period, shift to 

a foreign country services like or 

directly competitive with the cafeteria 

services or vending machine services 

supplied by the workers or acquire from 

a foreign country services like or 

directly competitive with the cafeteria 

services or vending machine services 

supplied by the workers; that the 

workers’ separation, or threat of 

separation, was not related to any 

increase in imports of like or directly 

competitive food services or a shift in 

service/acquisition of such food services 

abroad; and that the workers did not 

supply a service that was directly used 

in the production of an article or the 

supply of service by a firm that 

employed a worker group that is eligible 

to apply for TAA based on the aforementioned article or service. 

In the request for reconsideration, the 

petitioner stated that the workers of the 

subject firm were service workers who 

provided food services to employees of 

Electrolux Home Products, Inc., 

Electrolux Major Appliances Division, 

Webster City, Iowa, who have been 

certified eligible for Trade Adjustment 

Assistance (TA–W–70,123, signed June 

25, 2009). The petitioner went on to 

assert that the situation of the Compass 

Group workers was the same as that of 

employees of Premier Manufacturing 

Support Services, a services provider to 

General Motors, Spring Hill, Tennessee, 

who were certified eligible to apply for 

TAA on March 12, 2010 (TA–W– 

72,379). 

The difference in the outcome of the 

two cases results from the difference in 

the companies’ relationships to the 

production processes at the respective 

Electrolux and General Motors plants. 

The workers of Premier Manufacturing 

Support Services provided services 

(janitorial, maintenance, and hazardous 

waste disposal) that were directly 

involved in the production process at 

General Motors, Spring Hill, Tennessee. 

In contrast, the workers of the subject 

firm provided services (cafeteria 

services and vending machine services) 

that are not directly involved in the 

production process at Electrolux Home 

Products, Inc., Electrolux Major 

Appliances Division, Webster City, 

Iowa. 

During the course of the 

reconsideration investigation this office 

inquired into the relationship between 

Electrolux and the subject firm. It was 

determined that Electrolux exercised no 

day-to-day operational control over the 

employees of the subject firm. 

Consequently, the workers cannot be 

considered employees of Electrolux, but 

only of the subject firm, Compass Group 

USA. 

Furthermore, it should be noted that 

employees of American Food and 

Vending, Spring Hill, Tennessee, who 

provided food services to employees at 

that same General Motors plant in 

Spring Hill, Tennessee, were denied 

TAA certification (TA–W–72,606, 

signed March 19, 2010). 

In the request for reconsideration, the 

petitioner also asserted that the decision 

in the subject case is ‘‘contrary to the 

intent of the U.S. Congress in light of 

the changes [regarding service 

providers] it made to trade adjustment 

assistance by passage of the Trade 

Globalization Adjustment Assistance 

Act of 2009’’ and that in making those 

changes ‘‘one can only conclude that the 

U.S. Congress intended a broad 

interpretation’’ of the phrase ‘‘service 

used in the production of articles or in 

the supply of service, * * *.’’ 

This office does not find that 

argument compelling and is not 

prepared to certify the workers in this 

case on the basis of the broad reading of 

the law given by the petitioner. 

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. 

After careful review of the request for 

reconsideration, the Department 

determines that 29 CFR 90.18(c) has not 

been met. 

Conclusion 

After reconsideration, I affirm the 

original notice of negative 

determination of eligibility to apply for 

worker adjustment assistance for 

workers and former workers of Compass 

Group USA, Inc., Canteen, Webster City, 

Iowa. 

Signed at Washington, DC, this 22nd day 

of October 2010. 

Elliott S. Kushner, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2010–27760 Filed 11–2–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–74,116] 

Washington Department of 

Transportation, Olympic Division, 

Aberdeen Maintenance Office, 

Chehalis Drawbridge Tenders, 

Aberdeen, WA; Notice of Negative 

Determination Regarding Application 

for Reconsideration 

By application dated July 9, 2010, the 

Washington State Labor Council, AFL– 

CIO, requested administrative 

reconsideration of the negative 

determination regarding workers’ 


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