DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,677

BANK OF AMERICA
OPERATIONS AND WORKFORCE MANAGEMENT
RIO RANCHO, NEW MEXICO


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. See 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 15, 2009 by three workers on behalf of workers of
Bank of America, Operations and Workforce Management, Rio
Rancho, New Mexico (Bank of America). The workers are engaged
in providing operations analysis and customer support service.
The investigation revealed that workers of Bank of America
who are engaged in employment related to operations analysis
and customer support services meet the criteria for
certification.
Criterion I has been met because a significant number of
workers were separated from Bank of America.
Criterion II has been satisfied because Bank of America
has shifted to India employment related to operations analysis
and customer support services.
Criterion III has been met because the shift of operation
analysis and customer support services to India by Bank of
America contributed importantly to worker group separations at
Bank of America.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bank of America,
Operations and Workforce Management, Rio Rancho, New Mexico,
who are engaged in employment related to operations analysis and
customer support 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 Bank of America, Operations and Workforce
Management, Rio Rancho, New Mexico, who became totally or
partially separated from employment on or after July 5,
2008, through two years from the date of certification, 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 in Washington, D.C., this 3rd day of September, 2009.


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