DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,278

WELLS FARGO BANK, N.A.
SUBSIDIARY OF WELLS FARGO & COMPANY
HOME MORTGAGE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK INC., EMPLOYEE
RELATIONS ASSOCIATE, MANPOWER, AND SPHERION
COSTA MESA, CALIFORNIA

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated July 11, 2011, resulted
in a negative determination, issued on August 23, 2011, that was
based on the workers firm not producing an article. The
determination was applicable to workers and former workers of Wells
Fargo Bank, N.A., Subsidiary of Wells Fargo & Company, Home
Mortgage Division, including on-site leased workers from Aerotek,
Inc., Employee Relations Associate, Manpower, and Spherion, Costa
Mesa, California (subject firm). The notice of determination was
published in the Federal Register on September 14, 2011 (76 FR
56817). The workers’ firm is engaged in activities related to the
supply of mortgage underwriting 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 information reviewed during the reconsideration
investigation, the Department of Labor determines that the shift
in mortgage underwriting services by the workers’ firm to a
foreign country 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 the workers’ firm
has shifted to a foreign country the supply of services like or
directly competitive with the mortgage underwriting services
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 Wells Fargo
Bank, N.A., Subsidiary of Wells Fargo & Company, Home Mortgage
Division, Costa Mesa, California, who were engaged in employment
related to the supply of mortgage underwriting 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 Wells Fargo Bank, N.A., Subsidiary of Wells
Fargo & Company, Home Mortgage Division, including on-site
leased workers from Aerotek, Inc., Employee Relations
Associate, Manpower, and Spherion, Costa Mesa, California,
who became totally or partially separated from employment on
or after July 6, 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-80,278

WELLS FARGO BANK, N.A.
SUBSIDIARY OF WELLS FARGO & COMPANY
HOME MORTGAGE DIVISION
COSTA MESA, CALIFORNIA


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 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 July 11, 2011 by three workers on behalf of workers of
Wells Fargo Bank, N.A., Subsidiary of Wells Fargo & Company, Home
Mortgage Division, Costa Mesa, California. (Wells Fargo) The worker
group is engaged in the activities related to the supply of
mortgage underwriting services.
The petitioner alleges that, “Wells Fargo Home Mortgage sent
large portions of our job duties to (the India Branch) of Wells
Fargo.”
The investigation revealed that Wells Fargo does not produce
an article within the meaning of Section 222(a) or Section 222(b)
of the Act. Rather, the workers’ firm supplied mortgage
underwriting services to customers of the firm. 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 all workers of Wells Fargo Bank,
N.A., Subsidiary of Wells Fargo & Company, Home Mortgage Division,
Costa Mesa, California, 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 23rd day of August, 2011


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






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