DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,014
THE BANK OF NEW YORK MELLON
TECHNOLOGY STRATEGY AND BUSINESS MANAGEMENT DIVISION
FORMERLY KNOWN AS
TECHNOLOGY MANAGEMENT AND STRATEGY
A SUBSIDIARY OF THE BANK OF NEW YORK MELLON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
PRIDE TECHNOLOGIES LLC D/B/A PRIDEONE; APEX SYSTEMS, LLC; ROBERT
HALF INTERNATIONAL INC.; AND SEVEN SEVEN SOFTWARES, INC.
NEW YORK, NEW YORK
TA-W-96,014A
THE BANK OF NEW YORK MELLON
TECHNOLOGY STRATEGY AND BUSINESS MANAGEMENT DIVISION
TECHNOLOGY FORMERLY KNOWN AS
MANAGEMENT AND STRATEGY
A SUBSIDIARY OF THE BANK OF NEW YORK MELLON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
PRIDE TECHNOLOGIES LLC D/B/A PRIDEONE; APEX SYSTEMS, LLC; ROBERT
HALF INTERNATIONAL INC.; AND SEVEN SEVEN SOFTWARES, INC.
ORISKANY, NEW YORK
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
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.

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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."

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 June 29, 2020 by a State Workforce Office on behalf of
workers of The Bank of New York Mellon, Technology Strategy and
Business Management division, formerly known as Technology
Management and Strategy, subsidiary of The Bank of New York Mellon
Corporation, including on-site leased workers from Pride

Technologies LLC d/b/a Prideone; Apex Systems, LLC; Robert Half
International Inc.; and Seven Seven Softwares, Inc., New York, New
York (TA-W-96,014) and The Bank of New York Mellon, Technology
Strategy and Business Management division, formerly known as
Technology Management and Strategy, a subsidiary of The Bank of
New York Mellon Corporation, including on-site leased workers from
Pride Technologies LLC d/b/a Prideone; Apex Systems, LLC; Robert
Half International Inc.; and Seven Seven Softwares, Inc.,
Oriskany, New York (TA-W-96,014A) (hereby referred to as "The Bank
of New York Mellon").

The petition inaccurately cited the worker group as
"Technology Risk Enterprise Change." Further conversations with
the workers' firm and petitioner confirmed the correct group name.

The workers are engaged in activities related to the supply
of execution services of strategy for technology operations.

The petitioner alleged, "Workers from India were brought to
the New York locations to perform the duties of the IT Division."

During the course of the investigation, information was
collected from the petitioner and the workers' firm.

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the workers' firm did not import
their execution services of strategy for technology operations
supplied by The Bank of New York Mellon in 2018, 2019, or during
the period of January "“ May 2020.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift to
a foreign country the supply of services like or directly
competitive with the execution services of strategy for technology
operations supplied by The Bank of New York Mellon or acquire the
supply of such services from a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that The Bank of New York Mellon is
neither a Supplier nor a 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).

Finally, 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 The Bank of New York Mellon,
Technology Strategy and Business Management division, formerly
known as Technology Management and Strategy, subsidiary of The
Bank of New York Mellon Corporation, including on-site leased
workers from Pride Technologies LLC d/b/a Prideone; Apex Systems,
LLC; Robert Half International Inc.; and Seven Seven Softwares,
Inc., New York, New York (TA-W-96,014) and The Bank of New York
Mellon, Technology Strategy and Business Management division,
formerly known as Technology Management and Strategy, a subsidiary
of The Bank of New York Mellon Corporation, including on-site
leased workers from Pride Technologies LLC d/b/a Prideone; Apex
Systems, LLC; Robert Half International Inc.; and Seven Seven
Softwares, Inc., Oriskany, New York (TA-W-96,014A), engaged in
activities related to the supply of execution services of strategy
for technology operations to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C., this 10th day of February, 2021


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance