DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,854

IBM APPLICATION SERVICES
BUSINESS CONSULTING SERVICES
ENTERPRISE BUSINESS DEVELOPMENT APPLICATION SERVICE
IBM GLOBAL ACCOUNT
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 in response to a petition
filed on behalf of workers of IBM, Application Services, Business
Consulting Services, Enterprise Business Development Application
Service, IBM Global Account, located in Research Triangle Park,
North Carolina (mailing address: Durham, North Carolina). The
workers of the subject facility are involved in software testing
and development for internal use at IBM.
The investigation revealed that the subject facility does not
produce an article within the meaning of Section 222(a)(2) of the
Act. 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 and there must be a relationship between
the workers' work and the article produced by the workers' firm or
appropriate subdivision. The subject facility does not support a
firm or appropriate subdivision that produces an article
domestically and 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 of the facts obtained in the
investigation, I determine that all workers of IBM Application
Services, Business Consulting Services, Enterprise Business
Development Application Service, IBM Global Account, Research
Triangle Park, North Carolina 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
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 16th day of March 2006

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance