DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,903

JP MORGAN CHASE AND COMPANY
JP MORGAN INVESTMENT BANKING
GLOBAL CORPORATE FINANCIAL OPERATIONS
NEW YORK, NEW YORK

Notice of Negative Determination
on Reconsideration

By application dated October 12, 2009, 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 JP Morgan Chase and Company, JP Morgan Investment
Banking, Global Corporate Financial Operations, New York, New
York. The Department’s Notice of Affirmative Determination
Regarding Application for Reconsideration was signed on October
27, 2009, and published in the Federal Register on November 12,
2009 (74 FR 58315).
The investigation resulted in a negative determination based
on the finding that workers’ separations or threat of separations
were not related to an increase in imports or shift/acquisition
of business research and clerical support operations to/from a
foreign country. The subject firm did not import services like
or directly competitive with services provided by workers of the
subject firm and did not shift provision of these services
abroad.
In the request for reconsideration the petitioner alleged
that workers worked for JP Morgan Chase and Company, Global
Corporate Financial Operations (GCFO), Presentation Production
Services (PPS). The petitioner further alleged that JP Morgan
operates facilities in Mumbai and Bangalore and that JP Morgan
shifted provision of services from the subject firm to India.
Specifically, the petitioner alleged that the bankers of JP
Morgan were instructed to bypass the PPS offices in the United
States and send work directly to JP Morgan facilities abroad.
The Department contacted company officials of JP Morgan
Chase to address the above allegations. The company officials
confirmed that JP Morgan Chase has subsidiaries in India and
Argentina which provide additional support services to bankers of
JP Morgan Chase. The company officials further stated that
bankers were not instructed to bypass PPS but utilize centers in
Argentina and India as an option if the local service was not
available. The officials confirmed that JP Morgan Chase did not
shift provision of services from the subject firm to a foreign
location.
The Department requested employment information for the
foreign facilities of JP Morgan Chase that perform services like
or directly competitive with services provided by workers of the
subject firm. The data revealed that employment at these
facilities declined in 2008 and 2009.
The investigation revealed that the reduction in business
volume caused the subject firm’s reorganization and that the
layoffs at the subject facility was not related to increased
imports of business research, clerical support operations or
presentation production services and there was no shift of these
services abroad during the period under investigation.
The petitioner further alleged that workers of the subject
firm provided services to bankers of JP Morgan Chase, who in
turn, provided services to external clients.
The company official verified that PPS is an internal
service provider only and that the workers of the subject firm
did not provide services directly to external clients and
vendors.
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 reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of JP Morgan
Chase and Company, JP Morgan Investment Banking, Global Corporate
Financial Operation, New York, New York.
Signed at Washington, D.C., this 7th day of January 2010.



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

4510-FN-P


CORRECTED: OCTOBER 27, 2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,903

JP MORGAN CHASE AND COMPANY
JP MORGAN INVESTMENT BANKING
GLOBAL CORPORATE FINANCIAL OPERATIONS
NEW YORK, NEW YORK

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For
the Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(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 in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.

(B) Shift in Production or Supply Path:
(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 increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer”. For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article or service that was the basis
for such certification; and

(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on August 3, 2009 by three workers on behalf of workers of
JP Morgan Chase and Company, JP Morgan Investment Banking
Division, Global Corporate Finance Operations, New York, New York
(GCFO). The workers are engaged in business research and
clerical support operations.
The petitioners allege that services were being supplied
overseas for a cheaper price, and that company officials were
urging clients to use the overseas services. The investigation
included a contact of the petitioner to conclude on the worker
group and locations, and a survey and follow-up with a company
official to investigate the allegation.
With respect to Section 222(a) of the Act, the investigation
revealed that Criterion III has not been met because the workers’
separation or threat of separations was not related to an
increase in imports or shift/acquisition of services. GCFO did
not report a shift/acquisition of services.
With respect to Section 222(c) of the Act, the investigation
revealed that Criterion II has not been met because the workers
did not supply a service that was used by a firm with TAA-
Certified workers in the production of an article or supply of a
service that was the basis for TAA-Certification. GCFO only
worked with internal company clients.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because GCFO has not been identified in an affirmative finding of
injury by the International Trade Commission.












Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of JP Morgan Chase and
Company, JP Morgan Investment Banking Division, Global Corporate
Financial Operations who are engaged in business research and
clerical support services are denied eligibility to apply for
adjustment assistance under Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C., this 24th day of September, 2009


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





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