Recruitment, Guam Military Base Realignment

Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Notices
TA–W No.

Subject firm

Location

81,019 .........

Wells Fargo Bank, National Association, The Overdraft Deposit Collections and
Recovery Group.
Resolute Forest Products, Subsidiary of AbitibiBowater, Corp. US Div., Payroll,
Internal Audit and IT.

Chester, PA .................

81,109A .......

I hereby certify that the aforementioned
determinations were issued during the period
of January 2, 2012 through January 6, 2012.
These determinations are available on the
Department’s Web site at tradeact/taa/taa
search form.cfm under the searchable listing
of determinations or by calling the Office of
Trade Adjustment Assistance toll-free at
(888) 365–6822.
Dated: January 13, 2012.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2012–1327 Filed 1–23–12; 8:45 am]
BILLING CODE 4510–FN–P

DEPARTMENT OF LABOR
Employment and Training
Administration
Guam Military Base Realignment
Contractor Recruitment Standards
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:

The U.S. Department of
Labor’s (Department) Employment and
Training Administration (ETA) is
issuing this notice to announce the
recruitment standards that construction
contractors are required to follow when
recruiting United States (U.S.) workers
for Guam military base realignment
projects funded through the National
Defense Authorization Act (NDAA) for
Fiscal Year 2010.
DATES: This notice is effective upon
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Anthony D. Dais, Office of Workforce
Investment, Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room S–4231, Washington, DC 20210.
Telephone (202) 693–2784 (this is not a
toll-free number). Individuals with
hearing or speech impairments may
access the telephone number above via
TTY by calling the toll-free Federal
Information Relay Service at 1–(877)
889–5627 (TTY/TDD). Fax: (202) 693–
3015. Email: dais.anthony@dol.gov.
SUPPLEMENTARY INFORMATION: Section
2834(a) of the NDAA for Fiscal Year
2010 (Pub. L. 111–84, enacted October
28, 2009) amended Section 2824(c) of
the Military Construction Authorization
Act (Pub. L. 110–417, Division B) by

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SUMMARY:

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adding a new subsection (6). This
provision prohibits contractors engaged
in construction projects related to the
realignment of U.S. military forces from
Okinawa to Guam from hiring non-U.S.
workers unless the Governor of Guam
(Governor), in consultation with the
Secretary of Labor (Secretary), certifies
that: (1) There is an insufficient number
of U.S. workers that are able, willing,
and qualified to perform the work; and
(2) that the employment of non-U.S.
workers will not have an adverse effect
on either the wages or the working
conditions of U.S. construction workers
in Guam.
In order to allow the Governor to
make this certification, the NDAA
requires contractors to recruit workers
in the U.S., including in Guam, the
Commonwealth of the Northern Mariana
Islands, American Samoa, the U.S.
Virgin Islands, and Puerto Rico,
according to the terms of a recruitment
plan developed and approved by the
Secretary. That recruitment plan has
been reproduced in full in Section I
below (‘‘Contractor Recruitment
Standards’’).
The Department has developed the
Contractor Recruitment Standards in
full consultation with, and with the
approval of, the Guam Department of
Labor (GDOL). Although the Department
has developed the recruitment
standards, it has assigned oversight of
the Contractor Recruitment Standards
and the NDAA-required consultation
with the Governor to GDOL through a
Memorandum of Understanding
between the Department and GDOL,
effective November 22, 2011 (the MOU
can be found on the RegInfo.gov Web
site listed at the end of this Federal
Register Notice).
Under the NDAA, no Guam base
realignment construction project work
may be performed by a person holding
an H–2B visa under the Immigration
and Nationality Act until the contractor
complies with the Department’s
Contractor Recruitment Standards, and
the Governor of Guam issues the
certification noted above. The
Department is now publishing an
interim version of the recruitment
standards to avoid delaying the start of
projects that are essential to fulfill U.S.
international obligations, meet the
needs of the people of Guam and the
U.S. Department of Defense, and to

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Impact date

Greenville, SC .............

ameliorate extremely high
unemployment rates among U.S.
workers with construction skills and
experience. More background is
provided in U.S. Department of Labor
Report to Congress Required by the
National Defense Authorization Act for
Fiscal Year 2010 (July 29, 2011),
submitted to the Senate Committee on
Health, Education, Labor, and Pensions,
and the Armed Services Committee; and
the House of Representatives Education
and the Workforce Committee, and the
Armed Services Committee (this report
can be found at the RegInfo.gov Web site
listed at the end of this Federal Register
Notice).
Upon publication of this notice, the
Contractor Recruitment Standards in
Section I below will take effect
immediately. To comply with the
Paperwork Reduction Act of 1995 (PRA)
and 5 CFR 1320.13, the Department
obtained approval from the President’s
Office of Management and Budget
(OMB) for information collection
pursuant to the Contractor Recruitment
Standards, effective October 19, 2011
and scheduled to expire April 30, 2012.
The Department is requesting a threeyear extension of this information
collection request (ICR). A copy of the
ICR can be obtained by following the
instructions at the end of this Federal
Register Notice.
I. Guam Military Base Realignment
Contractor Recruitment Standards
Guam military base realignment
contractors must take the following
actions to recruit U.S. workers.
1. At least 60 days before the start
date of workers under a base
realignment contract, contractors must
a. Submit a job posting with GDOL at
http://dol.guam.gov/index.php?option=
com_jobline&Itemid=0&task=add, or by
submitting a completed Job Order (Form
GES 514) in person at the Guam
Employment Service office. The job
posting must be posted on the GDOL Job
Bank for at least 21 consecutive days;
b. Submit a job posting with the state
workforce agency’s Internet job bank in
American Samoa at www.usworks.com/
americansamoa/, the Commonwealth of
the Northern Mariana Islands at
https://marianaslabor.net/employer.asp,
and in the following states:
i. Alaska (www.jobs.state.ak.us);
ii. California (www.caljobs.ca.gov);

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iii. Hawaii (www.hirenethawaii.com);
iv. Oregon (www.emp.state.or.us/
jobs); and
v. Washington (https://
fortress.wa.gov/esd/worksource/
Employment.aspx).
The job posting must be posted for at
least 21 consecutive days. If for any
reason the Internet job bank in
American Samoa is not available, the
contractor must place an advertisement
on two Sundays in a newspaper that: (1)
Is of general circulation in the territory;
(2) has a reasonable distribution and is
appropriate to the occupation; and (3) is
likely to be seen by workers interested
in applying for construction
employment.
c. Submit a job posting with an
Internet-based job bank that
i. is national in scope, including the
entire U.S., Guam, the Commonwealth
of the Northern Mariana Islands,
American Samoa, the Virgin Islands,
and the Commonwealth of Puerto Rico;
ii. allows job postings for all
occupations; and
iii. is free of charge for job seekers and
their intermediaries in One-Stop Career
Centers and the employment service
delivery system nationwide.
d. Where the occupation or industry
is customarily unionized, contact the
local union in Guam in writing to seek
U.S. workers who are qualified and who
will be available for the job opportunity.
The postings are separate and distinct
requirements—i.e., a posting under
Section 1(b) cannot be used to satisfy
the posting requirement under Section
1(c).
2. Each job posting in (1)(a) through
(d) must include, at a minimum, the
following:
a. The contractor’s name and
appropriate contact information for
applicants to inquire about the job
opportunity or to send applications and/
or re´sume´s directly to the employer;
b. The geographic area of
employment, with enough specificity to
apprise applicants of any travel
requirements and where applicants will
likely have to reside to perform the
services or labor;
c. If applicable, a statement that daily
transportation to and from the
worksite(s) will be provided by the
employer;
d. A description of the job
opportunity with sufficient information
to apprise U.S. workers of the services
or labor to be performed, including the
duties, the minimum education and
experience requirements, the work
hours and days, and the anticipated
start and end dates of the job
opportunity;

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e. If applicable, a statement that onthe-job training will be provided to the
worker;
f. If applicable, a statement that
overtime will be available to the worker
and the wage offer for working any
overtime hours;
g. The wage offer, and the benefits, if
any, offered;
h. A statement that the position is
temporary; and
i. The total number of job openings
the employer intends to fill.
3. During the 28-day recruitment
period, which begins on the earliest date
of posting, contractors must interview
all qualified and available Guam and
U.S. construction workers who have
applied for the employment
opportunity.
4. After the close of the recruitment
period, and no later than 30 days before
the start date of workers under a
contract, the contractor must provide a
report including the following
information via email to GDOL at
ndaa.recruitment@dol.guam.gov
documenting its efforts to recruit U.S.
workers from the U.S. and all U.S.
territories:
a. A description of all the recruitment
approaches used to recruit realignment
workers. The description must include
identification of the Internet job banks
where the postings occurred, the
occupation or trade, a description of
wages and other terms and conditions of
employment, the date of each posting,
and the job order or requisition number.
If newspaper advertisements were used,
the description must also include the
dates that these ads appeared in the
newspaper;
b. A copy of each job posting;
c. A detailed description of how each
response to the job postings was
handled, including
i. the number of job applications
received;
ii. the name of each applicant;
iii. the position applied for;
iv. the final employment
determination for each applicant or job
candidate; and
v. for each U.S. job applicant not
hired, a description of the specific,
lawful, job-related reason for rejecting
the applicant for employment, which
includes a comparison of the job
applicant’s skills and experience against
the terms listed in the original job
posting.
II. Departmental Recruitment Support
Activities
Separate from the Contractor
Recruitment Standards, ETA will
facilitate a nationwide outreach and
recruitment effort to maximize hiring of

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U.S. construction workers, including
outreach to its workforce investment
system. ETA will do the following:
• Develop and issue a Training and
Employment Notice (TEN), and hold an
Internet-based training session
(‘‘Webinar’’) to inform contractors, state
workforce agencies, state and local
workforce investment boards, and OneStop Career Centers of the anticipated
construction employment opportunities
on Guam and how these opportunities
will be posted [interested individuals
can automatically receive notice of the
TEN by going to http://wdr.doleta.gov/
directives and clicking on the last bullet,
stating ‘‘To be added to the ETA
Advisory electronic distribution list—
click here’’ and interested individuals
can automatically receive notice of the
Webinar by registering for ETA’s
Workforce3One by going to https://
www.workforce3one.org/register.aspx,
then going to the fourth category
(Newsletters and Updates) and checking
the box for ‘‘Webinars/Live Events,’’ and
should also check both boxes under
‘‘Reemployment Works’’ in the
preceding category (labeled ‘‘Join
Communities’’)];
• Develop telephone scripts for a
Toll-Free Help Line directing job
seekers to the GDOL job bank;
• Ensure that Departmental offices —
including the Office of Unemployment
Insurance, the Office of Apprenticeship,
the Office of Job Corps, the Veterans’
Employment and Training Service, and
the YouthBuild program—are informed
of the construction employment
opportunities; and
• Brief pertinent intergovernmental
and labor organizations (including the
National Governors Association,
National Conference of State
Legislatures, and building trades
unions), so that they can assist in
spreading information about the U.S.
worker outreach effort.
III. Public Burden Statement
These Contractor Recruitment
Standards have been approved under
the PRA. Persons are not required to
respond to this collection of information
unless it displays a valid OMB control
number (1205–0484). Public reporting
burden for this collection of information
is estimated at three hours per job order,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Further information on this ICR can be
accessed using control number 1205–
0484 at the RegInfo.gov Web site at
www.reginfo.gov/public/do/PRAMain.

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To do this, use the following
instructions.
1. Go to the ‘‘Select Agency’’ box and
click on the drop-down arrow, and then
select ‘‘Department of Labor.’’ Then
click on the ‘‘Submit’’ button to the
right of the box.
2. Each entry lists the OMB Control
Number at the top of the entry. Scroll
down the screen until 1205–0484
appears (the entries are in numerical
order).

Signed: at Washington, DC, this 17th day
of January, 2012.
Jane Oates,
Assistant Secretary for Employment and
Training.
[FR Doc. 2012–1295 Filed 1–23–12; 8:45 am]
BILLING CODE 4510–FN–P

DEPARTMENT OF LABOR
Employment and Training
Administration

3. Once you reach 1205–0484, click
on the number immediately below that,
the ICR Reference Number (not the
Control Number itself).

Investigations Regarding Certifications
of Eligibility To Apply for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance

4. To see the Information Collection
notices themselves, click on ‘‘View
Information Collection (IC) List’’ near
the top of the page on the left. To see
the Report to Congress, the MOU, the
ICR Supporting Statement and other
relevant documents, click on ‘‘View
Supporting Statement and Other
Documents’’ near the top of the page on
the right.

Petitions have been filed with the
Secretary of Labor under Section 221 (a)
of the Trade Act of 1974 (‘‘the Act’’) and
are identified in the Appendix to this
notice. Upon receipt of these petitions,
the Director of the Division of Trade
Adjustment Assistance, Employment
and Training Administration, has
instituted investigations pursuant to
Section 221 (a) of the Act.
The purpose of each of the
investigations is to determine whether
the workers are eligible to apply for
adjustment assistance under Title II,

Chapter 2, of the Act. The investigations
will further relate, as appropriate, to the
determination of the date on which total
or partial separations began or
threatened to begin and the subdivision
of the firm involved.
The petitioners or any other persons
showing a substantial interest in the
subject matter of the investigations may
request a public hearing, provided such
request is filed in writing with the
Director, Office of Trade Adjustment
Assistance, at the address shown below,
not later than February 3, 2012.
Interested persons are invited to
submit written comments regarding the
subject matter of the investigations to
the Director, Office of Trade Adjustment
Assistance, at the address shown below,
not later than February 3, 2012.
The petitions filed in this case are
available for inspection at the Office of
the Director, Office of Trade Adjustment
Assistance, Employment and Training
Administration, U.S. Department of
Labor, Room N–5428, 200 Constitution
Avenue NW., Washington, DC 20210.
Signed at Washington, DC, this 12th day of
January 2012
Michael Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.

APPENDIX
[17 TAA petitions instituted between 1/1/12 and 1/6/12]
TA–W
81206
81207
81208
81209
81210
81211
81212
81213
81214
81215
81216
81217
81218
81219
81220
81221
81222

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Date of
institution

Subject firm (petitioners)

Location

Cookson Precious Metals (Company) ..................................
American Axle & Manufacturing (Company) ........................
American Axle & Manufacturing, Inc. (AAM) (Company) .....
TriNet HR Corp-Aplegen Inc. (Workers) ..............................
Verso Paper (State/One-Stop) .............................................
Memc, Inc. (Workers) ...........................................................
Sunshine 368 Inc. (Workers) ................................................
American Express (Workers) ...............................................
Peninsula Plywood Group LLC. (State/One-Stop) ...............
Apex Tool Group (Company) ...............................................
Parkersburg Bedding LLC (Union) .......................................
Solitaire (State/One-Stop) ....................................................
Ballantyne Strong, Inc. (Company) ......................................
Deloitte/Deloitte Recap (State/One-Stop) ............................
Aetna Global Benefits (Workers) ..........................................
J and M Manufacturing (Workers) ........................................
CPS Color Equipment, Inc. (Workers) .................................

Attleboro, MA ........................
Detroit, MI .............................
Cheektowaga, NY .................
Goleta, CA ............................
Sartell, MN ............................
Portland, OR .........................
Corona, NY ...........................
Salt Lake City, UT .................
Port Angeles, WA .................
Sumter, SC ...........................
Parkersburg, WV ...................
Duncan, OK ..........................
Omaha, NE ...........................
San Francisco, CA ................
Tampa, FL .............................
El Paso, TX ...........................
Concord, NC .........................

[FR Doc. 2012–1328 Filed 1–23–12; 8:45 am]
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Date of
petition
01/03/12
01/02/12
12/30/11
12/31/11
12/27/11
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12/25/11
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