DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,590

MUFG UNION BANK, N.A.
OPERATIONS AND PROCESS EXCELLENCE GROUP
INCLUDING ON-SITE LEASED WORKERS FROM CAPGEMINI, EPIP PHASE II
AND PRO UNLIMITED
MONTEREY PARK, CALIFORNIA

Notice of Revised Determination
on Reconsideration

On October 17, 2017, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of MUFG Union Bank, N.A.,
Operations and Process Excellence Group, including on-site leased
workers from Capgemini, EPIP Phase II, and Pro Unlimited, Monterey
Park, California (MUFG Union Bank-Operations and Process Excellence
Group). The Department’s Notice of determination will soon be
published in the Federal Register. The subject worker group consists
of the Operations and Process Excellence Group and its subunits. The
subject worker group includes on-site leased workers from Capgemini,
EPIP Phase II, and Pro Unlimited. Workers of MUFG Union Bank-
Operations and Process Excellence Group are engaged in employment
related to the supply of financial services and support services.
Based on new information provided during the reconsideration
investigation, the Department determines that the subject firm has
shifted to a foreign country the supply of services like or directly
competitive with those supplied by the subject workers and that the
shift contributed importantly to worker separations or threat of
separation at MUFG Union Bank-Operations and Process Excellence
Group.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of MUFG Union Bank-
Operations and Process Excellence Group, who are engaged in
employment related to the supply of financial services and 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 MUFG Union Bank, N.A., Operations and Process
Excellence Group, including on-site leased workers from
Capgemini, EPIP Phase II, and Pro Unlimited, Monterey Park,
California who became totally or partially separated from
employment on or after January 27, 2016, through two years from
the date of this certification, and all workers in the group
threatened with total or partial separation from employment on
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 20th day of December, 2017
/s/ Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance



U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,590

MUFG UNION BANK, N.A.
OPERATIONS AND PROCESS EXCELLENT GROUP
DATA INTEGRITY GROUP
DATA CONTROL INPUT GROUP
MONTEREY PARK, CALIFORNIA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 20, 2017, a worker requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of MUFG Union
Bank, NA, Operations and Process Excellent Group, Data Integrity
Group, Data Control Input Group, Monterey Park, California (MUFG
Union Bank-Data Control Input Group). The determination was issued
on April 7, 2017. The Department’s Notice of determination was
published in the Federal Register on June 27, 2017 (82 FR 29098).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The negative determination is based on the Department’s
findings that there was no employment decline or threat of
separation within MUFG Union Bank-Data Control Input Group.
A careful review of the request for reconsideration and the
petition reveals that the appropriate subdivision may be workers
and former workers of MUFG Union Bank, NA, Operations and Process
Excellent Group, Data Integrity Group, Monterey Park, California
(of which MUFG Union Bank-Data Control Input Group is a sub-unit).
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 17th day of October, 2017

/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-92,590

MUFG UNION BANK, N.A.
OPERATIONS AND PROCESS EXCELLENT GROUP
DATA INTEGRITY GROUP
DATA CONTROL INPUT GROUP
MONTEREY PARK, CALIFORNIA

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
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." 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 or
service 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.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on January 27, 2017 by a state workforce office on behalf
of workers of MUFG Union Bank, N.A., Operations and Process
Excellent Group, Data Integrity Group, Data Control Input
Group, Monterey Park, California. MUFG Union Bank, N.A. is
engaged in activities related to the supply of commercial
banking services. The workers of MUFG Union Bank, N.A.,
Operations and Process Excellent Group, Data Integrity Group,
Data Control Input Group, Monterey Park, California (subject
worker group) are engaged in activities related to the supply of
data integrity services.
The petition states "Client worked in a department, Data
Integrity which was reorganized and possibly outsourced to
India." The petition did not include additional information or
supporting documents.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because a significant number or proportion of the workers at
the subject worker group, have not become totally or partially
separated, nor are they threatened to become totally or
partially separated. Fewer than three workers have been totally
or partially separated, or threatened with total or partial
separation, from MUFG Union Bank, N.A., Operations and Process
Excellent Group, Data Integrity Group, Data Control Input Group,
Monterey Park, California.
The group eligibility requirements under Section 222(e) of
the Act, have not been satisfied because Criterion (1) has not
been met since the workers' firm has not been publicly
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 of the facts obtained in the
investigation, 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 MUFG Union Bank,
N.A., Operations and Process Excellent Group, Data Integrity
Group, Data Control Input Group, Monterey Park, California, to
apply for adjustment assistance, in accordance with Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 7th day of April 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance