DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,692

THE BANK OF NEW YORK
NEW YORK, NEW YORK

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on April 8, 2004 in response
to a petition filed on behalf of workers of The Bank of New York,
New York, New York. The workers performed computer software
development services on the subject firm's client access
information system.
The investigation revealed that The Bank of New York, New
York, New York does not produce an article within the meaning of
Section 222(a)(2) of the Act. In order to be considered eligible to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision.
The computer software developers described above do not
support a firm or appropriate subdivision that produces an article
domestically and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
Conclusion
After careful review, I determine that all workers of The Bank
of New York, New York, New York are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 7th day of May 2004.


/s/ Linda G. Poole

_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance