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TAW-96878  /  MUFG Union Bank, N.A. (Jersey City, NJ)

Petitioner Type: State
Impact Date: 04/29/2020
Filed Date: 04/30/2021
Most Recent Update: 05/10/2021
Determination Date: 05/10/2021
Expiration Date: 05/10/2023

decision test file in spanish
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,878
MUFG UNION BANK, N.A.

MONEY TRANSFER DEPARTMENT

JERSEY CITY, NEW JERSEY
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers

In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C.
� 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.

The investigation was initiated in response to a TAA petition dated April 29, 2021 and filed
on April 30, 2021 by a State Workforce Office, on behalf of workers and former workers of MUFG
Union Bank, N.A., Money Transfer Department, Jersey City, New Jersey (hereafter referred to
as the "worker group"). In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""�
inclusive of teleworkers and staffed workers."

The workers' firm is engaged in activities related to the supply of financial services.
The worker group is engaged in activities related to the supply of wire processing services and are
separately identifiable by service.

Consequently, the group of workers excludes workers not assigned to the Money Transfer
Department.

The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, "The Money Transfer Department positions was outsourced to India."

During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.

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:

Employment Criterion

(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.

20 C.F.R. 618.225(c)(1)(ii) states that an "Analysis of separation data must generally
consist of a: "(A) Comparison of employment on the petition date to employment on the date that is
1 year prior to the petition date; (B) Review of employment activity during the 1-year period prior
to the petition date; and (C) Review of evidence provided by the workers' firm regarding actual
and threatened separations that occur, or are scheduled to occur, after the petition date."

The Department determines that the employment criterion has been met.

Shift/Acquisition Criterion

(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production
of articles or the supply of services like or directly competitive with articles which
are produced or services which are supplied by such firm; or

(II) such workers' firm has acquired from a foreign country articles or services that
are like or directly competitive with articles which are produced or services which
are supplied by such firm;
According to 20 C.F.R. 618.225(c)(2)(ii), "Analysis of acquisition data must generally
consist of a: (1) Comparison of shift data on the petition date to shift/acquisition data that is 1 year
prior to the petition date; (2) Review of shift/acquisition activity during the 1-year period prior
to the petition date; and (3) Review of evidence provided by the workers' firm regarding shift/
acquisition activity scheduled to occur after the petition date."

The Department determines that the acquisition criterion has been met.

Contributed Importantly Criterion

(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause."

According to 20 C.F.R. 618.225(c)(3)(i), "Analysis of impact of acquisition data on worker
separations must generally consist of determining: (A) Whether there are one or more events or
factors that lessen or sever the causal nexus between the acquisition activity and worker separations
or threat of separation; (B) What percentage of the workers' firm sales or production declines was
attributable to the firm's acquisition activity; (C) Whether operations at the workers' firm domestic
facility or facilities decreased at the same or at a greater rate than contractor or licensee operations
in the foreign country; and (D) Whether there are other events or factors that mitigate or amplify
the impact of acquisition activity on the workers' firm. (ii) Whether there are other events or factors
that mitigate or amplify the impact of shift activity on the workers' firm. (B) The impact may be
determined using a quantitative or qualitative analysis."
The Department determines that the contributed importantly criterion has been met.
Conclusion

After careful review of the facts obtained in the investigation, I determine that workers of
MUFG Union Bank, N.A., Money Transfer Department, Jersey City, New Jersey, who are engaged
in activities related to the supply of wire processing 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., Money Transfer Department, Jersey City,
New Jersey, who became totally or partially separated from employment on or after April
29, 2020 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 10th day of May, 2021.

/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance