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TAW-75065  /  Bank of America, N.A. (Los Angeles, CA)

Petitioner Type: State
Impact Date: 01/03/2010
Filed Date: 01/04/2011
Most Recent Update: 03/15/2011
Determination Date: 03/15/2011
Expiration Date: 03/15/2013


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,065

BANK OF AMERICA, N.A.
GLOBAL TRADE OPERATIONS DIVISION
BANK OF AMERICA CORPORATION
INCLUDING ON-SITE LEASED FROM ADECCO AND SELECT STAFFING
AND TELE-WORKERS ACROSS THE UNITED STATES REPORTING TO
LOS ANGELES, CALIFORNIA

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 January 4, 2011 on behalf of workers of Bank of America,
N.A., Global Trade Operations Division, Los Angeles, California
(Bank of America-GTO). The parent company of Bank of America,
N.A. is Bank of America Corporation.
The subject worker group consists of workers of the Global
Trade Operations Division of Bank of America, N.A. working at the
Los Angeles, California facility, workers of the Global Trade
Operations Division of Bank of America, N.A. tele-working across
the United States and reporting to the Los Angeles, California
facility, and leased workers from Adecco and Select Staffing who
work on-site at the Los Angeles, California facility. The
subject workers are engaged in employment related to the supply
of customer and fulfillment services for Bank of America clients
in trade-related activities (customer and fulfillment services).
The investigation revealed that workers and former workers
of Bank of America-GTO, including tele-workers reporting the Los
Angeles, California facility and on-site leased workers of Adecco
and Select Staffing, who are engaged in employment related to
the supply of customer and fulfillment services, meet the
criteria for certification.
Criterion I has been met because a significant number of
workers at Bank of America-GTO have become totally or partially
separated or threatened with such separation.
Criterion II has been met because Bank of America-GTO has
shifted to a foreign country the supply of services like or
directly competitive with the customer and fulfillment services
supplied by the subject worker group.
Criterion III has been met because the shift of customer
and fulfillment services to India contributed importantly to
worker group separations.
Conclusion
After careful review of the facts obtained during the
investigation, I determine that workers of Bank of America-GTO,
who are engaged in the supply of customer and fulfillment
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, N.A., Global Trade
Operations Division, Bank of America Corporation, including
on-site leased workers from Adecco and Select Staffing and
tele-workers across the United States reporting to, Los
Angeles, California, who became totally or partially
separated from employment on or after January 3, 2010,
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 15th day of March, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance