DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,850

BANK OF AMERICA, CORP.
CONSUMER SMALL BUSINESS BANKING TECHNOLOGY AND OPERATIONS -
TRANSACTION SERVICES DIVISION
UTICA, 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. 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 29, 2009 on behalf of workers of Bank of America,
Corp., Consumer Small Business Banking Technology and
Operations - Transaction Services Division, Utica, New York
(Bank of America). The workers provide teller cash exception
services.
The investigation revealed that workers of Bank of America
who are engaged in activities related to teller cash exception
services meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country services like or directly
competitive with the services supplied by the workers.
Criterion III has been met because the shift of services
to a foreign country by Bank of America contributed
importantly to worker group separations at the Utica, New York
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bank of America,
Corp., Consumer Small Business Banking Technology and
Operations - Transaction Services Division, Utica, New York,
who are engaged in activities related to teller cash exception
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 Bank of America, Corp., Consumer Small
Business Banking Technology and Operations - Transaction
Services Division, Utica, New York, who became totally or
partially separated from employment on or after July 27,
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 7th day of January, 2010


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