Petitioner Type: Workers
Impact Date: 04/23/2018
Filed Date: 04/24/2019
Most Recent Update: 05/22/2019
Determination Date: 05/22/2019
Expiration Date: 05/22/2021
Employment and Training Administration
TA-W-94,748
THE BANK OF NEW YORK MELLON
RISK CREDIT DIVISION
A WHOLLY OWNED SUBSIDIARY OF
THE BANK OF NEW YORK MELLON CORPORATION
PITTSBURGH, PENNSYLVANIA
TA-W-94,748A
THE BANK OF NEW YORK MELLON
RISK CREDIT DIVISION
A WHOLLY OWNED SUBSIDIARY OF
THE BANK OF NEW YORK MELLON CORPORATION
NEW YORK, 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 April 24, 2019 by three workers on behalf of the workers
of The Bank of New York Mellon, Risk Credit Division, a wholly
owned subsidiary of The Bank of New York Mellon Corporation,
Pittsburgh, Pennsylvania (TA-W-94748). The investigation was
expanded by the workers' firm to include workers of The Bank of
New York Mellon, Risk Credit Division, a wholly owned subsidiary
of The Bank of New York Mellon Corporation, New York, New York
(TA-W-94748A). The workers the subject of the investigation are
hereafter referred as "BNY Mellon."
The workers are engaged in activities related to the supply
of risk analysis services.
During the course of the investigation, information was
collected from the petitioners and the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in BNY Mellon 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 BNY
Mellon.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Bank of New York
Mellon, Risk Credit Division, a wholly owned subsidiary of The
Bank of New York Mellon Corporation, Pittsburgh, Pennsylvania
(TA-W-94748) and The Bank of New York Mellon, Risk Credit
Division, a wholly owned subsidiary of The Bank of New York
Mellon Corporation, New York, New York (TA-W-94748A), who are
engaged in activities related to the supply of risk analysis
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 the workers of The Bank of New York Mellon, Risk Credit
Division, a wholly owned subsidiary of The Bank of New York
Mellon Corporation, Pittsburgh, Pennsylvania (TA-W-94748)
and The Bank of New York Mellon, Risk Credit Division, a
wholly owned subsidiary of The Bank of New York Mellon
Corporation, New York, New York (TA-W-94748A), who became
totally or partially separated from employment on or after
April 23, 2018 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 22nd day of May 2019.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance