DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,193

JP MORGAN CHASE & CO.
JP MORGAN ASSET MANAGEMENT
FIDUCIARY ADMINISTRATION – COURT ACCOUNTING
TROY, MICHIGAN

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated June 6, 2008, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on May 13, 2008 and
published in the Federal Register on May 29, 2008 (73 FR 30978).
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 negative TAA determination issued by the Department for
workers of JP Morgan Chase & Co., JP Morgan Asset Management,
Fiduciary Administration – Court Accounting, Troy, Michigan was
based on the finding that the worker group does not produce an
article within the meaning of Section 222 of the Trade Act of
1974.
The petitioner states that employment at the subject firm
was negatively impacted by a shift of job functions to India.
The petitioner also states that regardless of whether the workers
of the subject firm produce a product or provide services, they
should be certified eligible for Trade Adjustment Assistance.
The investigation revealed that the workers of JP Morgan
Chase & Co., JP Morgan Asset Management, Fiduciary Administration
– Court Accounting, Troy, Michigan are engaged in preparing trust
and account transaction histories, and asset inventory lists for
various county courts and/or other clients. These functions, as
described above, are not considered production of an article
within the meaning of Section 222 of the Trade Act of 1974.
The allegation of a shift to another country might be
relevant if it was determined that workers of the subject firm
produced an article. Since the investigation determined that
workers of JP Morgan Chase & Co., JP Morgan Asset Management,
Fiduciary Administration – Court Accounting, Troy, Michigan do
not produce an article, there can not be imports nor a shift in
production of an “article” abroad within the meaning of the Trade
Act of 1974 in this instance.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
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 in Washington, D.C., this 9th day of June 2008.


/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,193

JP MORGAN CHASE & CO.
JP MORGAN ASSET MANAGEMENT
FIDUCIARY ADMINISTRATION - COURT ACCOUNTING
TROY, MICHIGAN

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 April 16, 2008 in response
to a petition filed by on behalf of workers at JP Morgan Chase &
Co., JP Morgan Asset Management, Fiduciary Administration - Court
Accounting, Troy, Michigan. Workers are engaged in preparing trust
and account transaction histories, and asset inventory lists for
various county courts and/or clients.
The investigation revealed that JP Morgan Chase & Co., Troy
Michigan, 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 subject
worker group does 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. Documents prepared by petitioning workers
are incidental to the provision of court accounting
support/services provided by JP Morgan Asset Management.
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 the
investigation, I determine that all workers of JP Morgan Chase &
Co., JP Morgan Asset Management, Fiduciary Administration, Court
Accounting, Troy, Michigan 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 under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 13th day of May 2008


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance







- 6 -