DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-58,029

IBM CORPORATION
BUSINESS TRANSFORMATION OUTSOURCING DIVISION
580 LONGBOW DRIVE
MAUMEE, OHIO

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 September 26, 2005 in
response to a petition filed on behalf of workers of IBM
Corporation, Business Transformation Outsourcing Division, 580
Longbow Drive, Maumee, Ohio. The workers at the subject
facilities are engaged in information technology services
supporting payroll and benefits processors under contract for an
unaffiliated firm.
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 although
production of an article(s) occurred within the firm or
appropriate subdivision, the information technology services
group does not support this production. Thus the worker group
can not be considered import impacted or affected by a shift in
production of an article.
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 of the facts obtained in the
investigation, I determine that all workers of IBM Corporation,
Business Transformation Outsourcing Division, 580 Longbow Drive,
Maumee, Ohio are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of November, 2005.


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance