Certified
« back to search results

TAW-82037  /  The Bank of New York Mellon (Brooklyn, NY)

Petitioner Type: State
Impact Date: 10/02/2011
Filed Date: 10/03/2012
Most Recent Update: 11/02/2012
Determination Date: 11/02/2012
Expiration Date: 11/02/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,037

THE BANK OF NEW YORK MELLON
ASSET SERVICING GLOBAL OPERATIONS
INCOME COLLECTIONS DEPARTMENT
A SUBSIDIARY OF THE BANK OF NEW YORK MELLON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM OPERATIONS CONTROL,
INC., VIRTUSA FORMERLY KNOWN AS ALAS FORMERLY KNOWN AS XCITEK
CONSULTING SERVICES, INC., ZEROCHAOS D.B.A. APC WORKFORCE
SOLUTIONS, LLC, AND INTERNATIONAL MARKET RECRUITERS, LLC
BROOKLYN, NEW YORK

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:
(1) 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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have
contributed importantly to the workers'
separation or threat of separation.

The investigation was initiated in response to a petition
filed on October 3, 2012 by a state workforce office on behalf
of workers of The Bank of New York Mellon, Asset Servicing
Global Operations Income Collections Department, a subsidiary
of The Bank of New York Mellon Corporation, Brooklyn, New York
(Bank of New York Mellon). The workers' firm is engaged in
activities related to the supply of financial services. The
subject worker group includes on-site leased workers from on-
site leased workers from Operations Control, Inc., Virtusa
formerly known as Alas formerly known as Xcitek Consulting
Services, Inc., ZeroChaos d.b.a. APC Workforce Solutions, LLC,
and International Market Recruiters, LLC.
During the course of the investigation, information was
collected from the workers' firm.
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 shifted to a foreign country the supply of a service
like or directly competitive with the service supplied by the
workers which contributed importantly to worker group
separations at Bank of New York Mellon.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Bank of New
York Mellon, Asset Servicing Global Operations Income
Collections Department, a subsidiary of The Bank of New York
Mellon Corporation, including on-site leased workers from on-
site leased workers from Operations Control, Inc., Virtusa
formerly known as Alas formerly known as Xcitek Consulting
Services, Inc., ZeroChaos d.b.a. APC Workforce Solutions, LLC,
and International Market Recruiters, LLC, Brooklyn, New York,
who are engaged in activities related to the supply of
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 The Bank of New York Mellon, Asset
Servicing Global Operations Income Collections
Department, a subsidiary of The Bank of New York Mellon
Corporation, including on-site leased workers from on-
site leased workers from Operations Control, Inc.,
Virtusa formerly known as Alas formerly known as Xcitek
Consulting Services, Inc., ZeroChaos d.b.a. APC Workforce
Solutions, LLC, and International Market Recruiters, LLC,
Brooklyn, New York, who became totally or partially
separated from employment on or after October 2, 2011
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on the 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 2nd day of November, 2012.


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