DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,141

BANK OF AMERICA
HOME LOANS PROCESSING – OPERATIONS CUSTOMER SERVICE DIVISION
HOME LOANS MORTGAGE UNDERWRITING AND FULFILLMENT CENTER
FORT WAYNE, INDIANA

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated April 29, 2011, resulted
in a negative determination, issued on July 12, 2011, that was
based on the finding that the workers at the subject firm do not
produce an article. The determination was applicable to workers
and former workers of Bank of America, Home Loans Processing –
Operations Customer Service Division, Home Loans Mortgage
Underwriting and Fulfillment Center, Fort Wayne, Indiana. The
notice of determination was published in the Federal Register on
August 1, 2011 (76 FR 45880). Workers of Bank of America, Home
Loans Processing – Operations Customer Service Division, Home
Loans Mortgage Underwriting and Fulfillment Center, Fort Wayne,
Indiana (BOA-Home Loans Mortgage Underwriting and Fulfillment
Center) are engaged in activities related to the supply of
financial services related to home loans.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that workers and
former workers of BOA-Home Loans Mortgage Underwriting and
Fulfillment Center do not meet the group eligibility criteria.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports of services like or
directly competitive with those supplied by BOA-Home Loans
Mortgage Underwriting and Fulfillment Center.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed no shift to/acquisition from a foreign
country by Bank of America of the supply of services like or
directly competitive with the financial services supplied by BOA-
Home Loans Mortgage Underwriting and Fulfillment Center.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that BOA-Home Loans Mortgage Underwriting
and Fulfillment Center is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that BOA-Home Loans Mortgage Underwriting
and Fulfillment Center does not act as a Downstream Producer to a
firm (or subdivision, whichever is applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been met since the workers’ firm has
not been publically identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Bank of
America, Home Loans Processing – Operations Customer Service
Division, Home Loans Mortgage Underwriting and Fulfillment
Center, Fort Wayne, Indiana, to apply for adjustment assistance,
in accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 25th day of November, 2011

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




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,141

BANK OF AMERICA
HOME LOANS PROCESSING – OPERATIONS CUSTOMER SERVICE DIVISION
FORT WAYNE, INDIANA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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:
(1) 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 such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on April 29, 2011 on behalf of workers of Bank of America,
Home Loans Processing – Operations Customer Service division,
Fort Wayne, Indiana. The workers’ firm is engaged in activities
related to the supply of financial services; specifically, home
loans mortgage underwriting and fulfillment center.
The petitioners alleged that job losses are occurring based
upon a shift in services by the firm to a foreign country.
During the course of the investigation, information was
collected from the workers’ firm.
The investigation revealed that Bank of America, does not
produce an article within the meaning of Section 222(a) or Section
222(b) of the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
the worker group seeking certification (or on whose behalf
certification is being sought) must work for a “firm” or
appropriate subdivision that produces an article. The definition
of a firm includes an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy,
and receiver under decree of any court.
During the investigation, the Department of Labor (the
Department) obtained information that revealed that the workers’
firm does not produce an article; rather, the workers’ firm
supplies financial services. Bank of America provides financial
services that may incidentally result in a document evidencing the
services provided. Such incidental documents are generated as a
result of activities that are incidental to the services provided.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.











Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Bank of America,
Home Loans Processing – Operations Customer Service division,
Fort Wayne, Indiana engaged in activities related to the supply
of financial services are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 12th day of July, 2011



/s/Elliott S. Kushner____
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance





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