DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,859

INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM)
INTEGRATED TECHNOLOGY DELIVERY (ITD)
LEXINGTON, KENTUCKY

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 August 8, 2006 in response
to a petition filed by a state agency representative on behalf of
workers of International Business Machines Corporation (IBM),
Integrated Technology Delivery (ITD), Lexington, Kentucky. The
workers at the subject facility provide database development and
maintenance services for the company.
The investigation revealed that the affected workers at the
subject firm provide services to IBM account teams in the form of
the creation and further development and maintenance of software
databases.
The investigation revealed that International Business
Machines Corporation (IBM), Integrated Technology Delivery (ITD),
Lexington, Kentucky, 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 investigation revealed that although production of an
article(s) occurred within the firm or appropriate subdivision, the
workers do 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 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 International
Business Machines Corporation (IBM), Integrated Technology Delivery
(ITD), Lexington, Kentucky, 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 21st day of September 2006


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