DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,193

THE BANK OF NEW YORK MELLON CORP.

OPERATIONS AND SHARED TECHNOLOGY (BUD) OF TECHNOLOGY II DIVISION

EAST SYRACUSE, NEW YORK

TA-W-96,193A

THE BANK OF NEW YORK MELLON CORP.

OPERATIONS AND SHARED TECHNOLOGY (BUD) OF TECHNOLOGY II DIVISION

PITTSBURGH, PENNSYLVANIA

Determinations 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 September 16, 2020, by a State Workforce Office on
behalf of workers of The Bank of New York Mellon Corp., Operations
and Shared Technology (BUD) of Technology II division, East
Syracuse, New York (TA-W-96,193) and The Bank of New York Mellon
Corp., Operations and Shared Technology (BUD) of Technology II
division, Pittsburgh, Pennsylvania (TA-W-96,193A).

The Bank of New York Mellon Corporation, commonly known as
BNY Mellon, is a global banking services corporation. The worker
group on whose behalf the petition was filed concerns workers
reporting within Operations and Shared Technology (BUD) of

Technology II. Workers assist with the development, analysis,
implementation, and enforcement of corporate-wide information
security policies, procedures, and standards. Work is performed in
support of the firm's internal operations and not supplied to any
external customers of BNY Mellon.

During the course of the investigation, information was
collected from the petitioner, workers' firm, and former
worker(s) of the firm.

The petitioner alleges, "Positions were transferred to
company employees in India."

TA-W-96,193

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 in such
workers' firm, have not become totally or partially separated, nor
are they threatened to become totally or partially separated. Per
29 Code of Federal Regulations (C.F.R.) 90.2, a significant number
of workers is defined as, "At least three workers in a firm (or
appropriate subdivision thereof) with a work force of fewer than
50 workers would ordinarily have to be affected." In this case,
that was not met. One (1) worker was separated, or threatened
with separation, since the one-year period preceding the petition
date of September 4, 2020. Furthermore, the remaining workers have
not become partially separated, nor are they threatened to become
totally or partially separated

Additionally, the group eligibility requirements under
Section 222(e) of the Act, have not been satisfied either 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.

TA-W-96,193A

The petition has been deemed invalid, as the petition was not
timely filed. The worker(s) separation date occurred on June 24,
2019, which is outside of the one-year period preceding the
petition date of September 4, 2020. Consequently, the
investigation has been terminated.

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
Corp., Operations and Shared Technology (BUD) of Technology II
division, East Syracuse, New York (TA-W-96,193), engaged in
activities related to development, analysis, implementation, and
enforcement of corporate-wide information security policies,
procedures, and standards, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 5th day of March, 2021.


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

Certifying Officer, Office of

Trade Adjustment Assistance