DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,156

BANK OF AMERICA, N.A.
GLOBAL CREDIT FULFILLMENT DIVISION
DALLAS, TEXAS

Notice of Revised Determination
on Reconsideration


The initial investigation, initiated May 6, 2011, resulted in
a negative determination, issued on September 15, 2011, that was
based on the workers’ firm not producing an article. The
determination was applicable to workers and former workers of Bank
of America, N.A., Global Credit Fulfillment Division, Dallas,
Texas (subject firm). The notice of negative determination was
published in the Federal Register on October 5, 2011 (76 FR 61743).
Bank of America, N.A. is engaged in activities related to the
supply of global financial services. The subject worker group
includes commercial loan and credit processing services and does
not include any leased or temporary workers.
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 the shift
in services to a foreign country by the workers’ firm contributed
importantly to separations at the subject firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at the subject firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because Bank of America,
N.A. has shifted to a foreign country the supply of a service like
or directly competitive with the service supplied by the subject
workers which contributed importantly to worker group separations
at the subject firm.
Conclusion
After careful review, I determine that workers of Bank of
America, N.A., Global Credit Fulfillment Division, Dallas, Texas,
who were engaged in employment related to the supply of global
financial 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 Credit
Fulfillment Division, Dallas, Texas who became totally or
partially separated from employment on or after May 4, 2010,
through two years from the date of this certification, and all
workers in the group threatened with total or partial
separation from employment on December 20, 2011 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 1st day of December, 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-80,156

BANK OF AMERICA, N.A.
GLOBAL CREDIT FULFILLMENT DIVISION
DALLAS, TEXAS

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 by a state workforce representative on May 6, 2011, on behalf
of workers of Bank of America, N.A., Global Credit Fulfillment,
Dallas, Texas. The workers’ firm is engaged in activities related
to the supply of global financial services.
The petitioner alleges that the worker separations are due
to a shift of services to a foreign country. During the course
of the investigation, information was collected from the workers’
firm.
The investigation revealed that Bank of America, N.A., does
not produce an article within the meaning of Section 222(a) or
Section 222(b) of the Act. Rather, the workers’ firm supplies
financial services. 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.
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 workers of Bank of America, N.A.,
Global Credit Fulfillment, Dallas, Texas, 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 15th day of September, 2011


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








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