Petitioner Type: Union
Impact Date:
Filed Date: 04/01/2004
Most Recent Update: 05/17/2004
Determination Date: 05/17/2004
Expiration Date:
Employment and Training Administration
TA-W-54,631
IBM CORPORATION
PERSONAL SYSTEMS GROUP
INTEGRATED SUPPLY CHAIN DIVISION
RESEARCH TRIANGLE PARK, NORTH CAROLINA
Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on April 1, 2004 in response
to a petition filed on behalf of workers at IBM Corporation,
Personal Systems Group, Integrated Supply Chain Division, Research
Triangle Park, North Carolina. Workers of the subject division are
engaged in services related to the management of overseas computer
production, and customer service support for imported computers.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that the Integrated Supply Chain Division does not support
any domestic production. Thus the worker group can not be
considered import impacted or affected by a shift in production of
an article.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of IBM
Corporation, Personal Systems Group, Integrated Supply Chain
Division, Research Triangle Park, North Carolina are denied
eligibility to apply for adjustment assistance under section 223 of
the Trade Act of 1974, and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 17th day of May 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance