Petitioner Type: State
Impact Date:
Filed Date: 01/12/2006
Most Recent Update: 01/26/2006
Determination Date: 01/26/2006
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,620
BANKERS TRUST SERVICES
A/K/A DEUTSCHE BANK SERVICES TENNESSEE, INC.
NASHVILLE, TENNESSEE
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated February 22, 2006 a petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice applicable to workers of
Bankers Trust Services, a/k/a Deutsche Bank Services Tennessee,
Inc., Nashville, Tennessee was signed on January 26, 2006 and
published in the Federal Register on February 10, 2006 (71 FR
7077).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition filed on behalf of workers at Bankers Trust
Services, a/k/a Deutsche Bank Services Tennessee, Inc.,
Nashville, Tennessee were engaged in providing general banking
and financial services to the public and were denied because the
petitioning workers did not produce an article within the meaning
of Section 222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as
providing a service and further conveys that workers of the
subject firm “produced individualized billing models with
separate tangible file folders”. The petitioner further states
that “billing would have been impossible without the production
of these individualized billing models”.
A company official was contacted for clarification in regard
to the nature of the work performed at the subject facility. The
official stated that the subject firm does not manufacture
products that are sold on the open market. The official further
clarified that workers of the subject firm entered account
information into an in-house billing system for the purpose of
billing external clients. The copies of the work that was
entered into the system was kept in a tangible file folder at the
subject firm for reference purposes.
The sophistication of the work involved is not an issue in
ascertaining whether the petitioning workers are eligible for
trade adjustment assistance, but whether they produce an article
within the meaning of section 222 of the Trade Act of 1974.
Entering accounting information into the billing system and
making copies of the billing financial data for filing purposes
is not considered production of an article within the meaning of
Section 222 of the Trade Act. Petitioning workers do not produce
an “article” within the meaning of the Trade Act of 1974.
The investigation on reconsideration supported the findings
of the primary investigation that the petitioning group of
workers does not produce an article. Furthermore, workers of the
subject firm did not support production of an article at any
affiliated facility.
The petitioner further alleges that because workers lost
their jobs due to a transfer of job functions to India,
petitioning workers should be considered import impacted.
The company official stated that such functions as entry of
accounting information into a Deutsche Bank billing system for
the purpose of billing external clients were shifted to India.
Your petition allegation of jobs transferred to a foreign
country might be relevant if all other worker group eligibility
requirements for trade adjustment assistance were met. However,
workers of the subject firm are engaged in data entry of the
account information into the in-house billing system and do not
meet the requirement of producing an article as established in
Section 222 of the Trade Act. Thus, the workers in this case do
not meet the worker group eligibility requirements of TAA.
Service workers can be certified only if worker separations
are caused by a reduced demand for their services from a parent
or controlling firm or subdivision whose workers produce an
article domestically who meet the eligibility requirements, or if
the group of workers are leased workers who perform their duties
at a facility that meet the eligibility requirements.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 11th day of April, 2006.
/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,620
BANKERS TRUST SERVICES
a/k/a DEUTSCHE BANK SERVICES TENNESSEE, INC.
NASHVILLE, TENNESSEE
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 January 12, 2006 in
response to a petition filed by the State Trade Coordinator on
behalf of workers of Bankers Trust Services, Nashville, Tennessee.
The workers provide general banking and financial services to the
public.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The workers
performing the banking services 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, I determine that all workers of Bankers
Trust Services, a/k/a Deutsche Bank Services Tennessee, Inc.,
Nashville, Tennessee are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance (ATAA) under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 26th day of January, 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-58,620
BANKERS TRUST SERVICES
A/K/A DEUTSCHE BANK SERVICES TENNESSEE, INC.
NASHVILLE, TENNESSEE
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated February 22, 2006 a petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice applicable to workers of
Bankers Trust Services, a/k/a Deutsche Bank Services Tennessee,
Inc., Nashville, Tennessee was signed on January 26, 2006 and
published in the Federal Register on February 10, 2006 (71 FR
7077).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition filed on behalf of workers at Bankers Trust
Services, a/k/a Deutsche Bank Services Tennessee, Inc.,
Nashville, Tennessee were engaged in providing general banking
and financial services to the public and were denied because the
petitioning workers did not produce an article within the meaning
of Section 222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as
providing a service and further conveys that workers of the
subject firm “produced individualized billing models with
separate tangible file folders”. The petitioner further states
that “billing would have been impossible without the production
of these individualized billing models”.
A company official was contacted for clarification in regard
to the nature of the work performed at the subject facility. The
official stated that the subject firm does not manufacture
products that are sold on the open market. The official further
clarified that workers of the subject firm entered account
information into an in-house billing system for the purpose of
billing external clients. The copies of the work that was
entered into the system was kept in a tangible file folder at the
subject firm for reference purposes.
The sophistication of the work involved is not an issue in
ascertaining whether the petitioning workers are eligible for
trade adjustment assistance, but whether they produce an article
within the meaning of section 222 of the Trade Act of 1974.
Entering accounting information into the billing system and
making copies of the billing financial data for filing purposes
is not considered production of an article within the meaning of
Section 222 of the Trade Act. Petitioning workers do not produce
an “article” within the meaning of the Trade Act of 1974.
The investigation on reconsideration supported the findings
of the primary investigation that the petitioning group of
workers does not produce an article. Furthermore, workers of the
subject firm did not support production of an article at any
affiliated facility.
The petitioner further alleges that because workers lost
their jobs due to a transfer of job functions to India,
petitioning workers should be considered import impacted.
The company official stated that such functions as entry of
accounting information into a Deutsche Bank billing system for
the purpose of billing external clients were shifted to India.
Your petition allegation of jobs transferred to a foreign
country might be relevant if all other worker group eligibility
requirements for trade adjustment assistance were met. However,
workers of the subject firm are engaged in data entry of the
account information into the in-house billing system and do not
meet the requirement of producing an article as established in
Section 222 of the Trade Act. Thus, the workers in this case do
not meet the worker group eligibility requirements of TAA.
Service workers can be certified only if worker separations
are caused by a reduced demand for their services from a parent
or controlling firm or subdivision whose workers produce an
article domestically who meet the eligibility requirements, or if
the group of workers are leased workers who perform their duties
at a facility that meet the eligibility requirements.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 11th day of April, 2006.
/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,620
BANKERS TRUST SERVICES
a/k/a DEUTSCHE BANK SERVICES TENNESSEE, INC.
NASHVILLE, TENNESSEE
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 January 12, 2006 in
response to a petition filed by the State Trade Coordinator on
behalf of workers of Bankers Trust Services, Nashville, Tennessee.
The workers provide general banking and financial services to the
public.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The workers
performing the banking services 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, I determine that all workers of Bankers
Trust Services, a/k/a Deutsche Bank Services Tennessee, Inc.,
Nashville, Tennessee are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance (ATAA) under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 26th day of January, 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance