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TAW-71601  /  The Bank of New York Mellon (Syracuse, NY)

Petitioner Type: Workers
Impact Date: 07/07/2008
Filed Date: 07/08/2009
Most Recent Update: 03/25/2010
Determination Date: 03/25/2010
Expiration Date: 03/25/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,601

THE BANK OF NEW YORK MELLON
CORPORATE TRUST OPERATIONS DIVISION
ALSO KNOWN AS GLOBAL CORPORATE TRUST BILLING
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK, INC.,
ALSO KNOWN AS ALLEGIS GROUP AND TEKSYSTEMS, AETEA INFORMATION
TECHNOLOGY, INC., AJILON CONSULTING, AMERICAN, CYBERSYSTEMS,
INC., AND COMFORCE STAFFING SERVICES
SYRACUSE, NEW YORK

Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on March 25, 2010, applicable to workers of The Bank
of New York Mellon, Corporate Trust Operations Division, also
known as Global Corporate Trust Billing, including on-site leased
workers from Aerotek, Inc., AETEA Information Technology, Inc.,
Ajilon Consulting, American Cybersystems, Inc., and Comforce
Staffing Services, Syracuse, New York. The notice was published
in the Federal Register on April 23, 2010 (75 FR 21356).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in customized trust services, such as debt finance
transactions.
The company reports that Aerotek, Inc., an on-site leasing
firm at the subject firm, is also known as Allegis Group and
TEKsystems.
Information also shows that workers separated from
employment from Aerotek, Inc. had their wages reported under a
separate unemployment insurance (UI) tax account for Allegis
Group and TEKsystems.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in customized trust services to Pune, India.


The amended notice applicable to TA-W-71,601 is hereby
issued as follows:
"All workers of The Bank of New York Mellon, Corporate
Trust Operations Division, including on-site leased
workers of Aerotek, Inc., also known as Allegis Group
and TEKsystems, AETEA Information Technology, Inc.,
Ajilon Consulting, American Cybersystems, Inc., and
Comforce Staffing Services, Syracuse, New York, who
became totally or partially separated from employment
on or after July 7, 2008, through March 25, 2012, and
all workers in the group threatened with total or
partial separation from employment on date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act
of 1974, as amended.”
Signed at Washington, D.C. this 1st day of September 2010.

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-71,601

THE BANK OF NEW YORK MELLON
CORPORATE TRUST OPERATIONS DIVISION
ALSO KNOWN AS GLOBAL CORPORATE TRUST BILLING
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK, INC., AETEA
INFORMATION TECHNOLOGY, INC., AJILON CONSULTING, AMERICAN
CYBERSYSTEMS, INC., AND COMFORCE STAFFING SERVICES
SYRACUSE, NEW YORK

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The group eligibility requirements for workers of a firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm.

III. The third criterion requires that the shift/acquisition must
have contributed importantly to the workers’ separation or
threat of separation. (Set forth in Section 222(a)(2)(B)(ii)
of the Act, 19 U.S.C. § 2272(a)(2)(B)(ii)).

The investigation was initiated in response to a petition
filed on July 8, 2009 on behalf of workers of The Bank of New York
Mellon, Corporate Trust Operations Division, also known as Global
Corporate Trust Billing, Syracuse, New York. Workers are engaged
in customized trust services, such as debt finance transactions.
The worker group includes on-site leased workers from Aerotek,
Inc., AETEA Information Technology, Inc., Ajilon Consulting,
American Cybersystems, Inc., and Comforce Staffing Services.
The investigation revealed that workers of The Bank of New
York Mellon, Corporate Trust Operations Division, Syracuse, New
York, who are engaged in activities related to customized trust
services meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated or threatened with separation during
the relevant period.
Criterion II has been satisfied because there has been a
shift in customized trust services by The Bank of New York Mellon
to India.
Criterion III has been met because the shift in services
contributed importantly to worker group separations at The Bank
of New York Mellon, Corporate Trust Operations Division,
Syracuse, New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Bank of New York
Mellon, Corporate Trust Operations Division, Syracuse, New York
who are engaged in employment related to customized trust
services, meet the worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:



“All workers of The Bank of New York Mellon, Corporate Trust
Operations Division, including on-site leased workers from
Aerotek, Inc., AETEA Information Technology, Inc., Ajilon
Consulting, American Cybersystems, Inc., and Comforce Staffing
Services, Syracuse, New York, who became totally or partially
separated from employment on or after July 7, 2008, through
two years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the date of certification through two years from
the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the Trade
Act of 1974, as amended.”
Signed in Washington, D.C., this 25th day of March, 2010

/a/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance



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