DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,024

BANK OF AMERICA
FINANCIAL SHARED SERVICES DIVISION
SAN FRANCISCO, CALIFORNIA

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 21, 2005 in response
to a petition filed by a state workforce representative on behalf
of workers of Bank of America, Financial Shared Services Division,
San Francisco, California. The workers are engaged in the
development and maintenance of websites.
The investigation revealed that Bank of America, Financial
Shared Services Division, San Francisco, California, 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 website development workers 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.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.










Conclusion
After careful review of the facts in this investigation, I
determine that all workers of Bank of America, Financial Shared
Services Division, San Francisco, California are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 23rd day of May 2005.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance