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TAW-80180  /  JPMorgan Chase and Company (Houston, TX)

Petitioner Type: State
Impact Date: 05/12/2010
Filed Date: 05/13/2011
Most Recent Update: 07/08/2011
Determination Date: 07/08/2011
Expiration Date: 12/16/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,180

JPMORGAN CHASE AND CO.
GLOBAL TECHNOLOGY INFRASTRUCTURE/GLOBAL SERVICES OPERATIONS
DIVISION
HOUSTON, TEXAS

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated May 13, 2011, resulted in
a negative determination, issued on July 8, 2011, that was based on
the absence of a produced article. The determination was applicable
to workers and former workers of JP Morgan Chase and Company,
Global Technology Infrastructure/Global Services Operations
Division, Houston, Texas (JP Morgan Chase and Company, Global
Technology Infrastructure/Global Services Operations Division). The
notice of determination was published in the Federal Register on
July 29, 2011 (Vol. 76 FR 45622). The workers’ firm is engaged in
activities related to the supply of financial services. The subject
worker group supplied technical support services.
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 the acquisition of services from a foreign country
reviewed during the reconsideration investigation, the Department
of Labor determines that the worker group meets the requirements
for eligibility to apply for trade adjustment assistance.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ 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 the workers’ firm
has acquired from a foreign country the supply of services like or
directly competitive with the technical support services supplied
by the subject workers which contributed importantly to worker
group separations at JP Morgan Chase and Co., Global Technology
Infrastructure/Global Services Operations Division, Houston, Texas.
Conclusion
After careful review, I determine that workers of JP Morgan
Chase and Company, Global Technology Infrastructure/Global Services
Operations Division, Houston, Texas, who supplied technical support
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 JP Morgan Chase and Company, Global Technology
Infrastructure/Global Services Operations Division, Houston,
Texas, who became totally or partially separated from
employment on or after May 12, 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 16th 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-80,180

JPMORGAN CHASE & CO.
GLOBAL TECHNOLOGY INFRASTRUCTURE, GLOBAL SERVICES OPERATIONS
HOUSTON, 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 on May 13, 2011 by a state workforce official on behalf
of workers of JP Morgan Chase & Co., Global Technology
Infrastructure, Global Services Operations, Houston, Texas.
The workers’ firm supplies financial services. The worker
group supplies information technology (IT) call center support
services.
The petition alleges that workers’ jobs were shifted to a
foreign country. During the course of the investigation,
information was collected from the workers’ firm.
The investigation revealed that JP Morgan Chase & Co.,
Global Technology Infrastructure, Global Services Operations,
Houston, Texas, 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 JP Morgan Chase & Co.,
Global Technology Infrastructure, Global Services Operations,
Houston, Texas, engaged in activities related to the supply
of financial services, are denied eligibility to apply for


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 8th day of July, 2011


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







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