DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,503

BANK OF AMERICA
CONSUMER SYSTEMS AND SUPPORT TECHNOLOGY DIVISION
UTICA, NEW YORK

Negative Determination 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 June 2, 2006 in response
to a petition filed on behalf of workers of Bank of America,
Consumer Systems and Support Technology, Utica, New York. The
workers are engaged in employment related to technology systems
administration.
The investigation found that Bank of America is a banking
and financial service provider. A banking and financial service
provider is a company that provides customers and businesses
with, among other things, basic banking services, financial
information and advice. Bank of America does not make any
products or articles of any kind in its entire corporate
structure.
The investigation revealed that Bank of America, Consumer
Systems and Support Technology, Utica, 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
workers of the subject firm 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 obtained in this
investigation, I determine that all workers of Bank of America,
Consumer Systems and Support Technology, Utica, New York 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
as amended.
Signed in Washington, D.C., this 26th day of June, 2006.

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance