DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-60,045

INTERNATIONAL BUSINESS MACHINES CORPORATION
IBM/ITOS ROCKLIN
ROCKLIN, CALIFORNIA

Negative Determinations 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 11, 2006 in
response to a petition filed on behalf of workers of International
Business Machines Corporation, IBM/ITOS Rocklin, Rocklin,
California. The workers provide a variety of information
technology support functions to an unaffiliated client, GAP, Inc.
Support functions include those related to computer operations,
data storage, help desk advice, etc. All work at the site is
related to information technology operations systems and is not
directly related to the production of an article at either IBM or
GAP, Inc.
The investigation revealed that International Business
Machines Corporation, IBM/ITOS Rocklin, Rocklin, California, does
not produce an article within the meaning of Section 222(a)(2) of
the Trade Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act, 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 the information technology (IT) service workers
described above do not support production of an article in the
United States. Thus the worker group cannot 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
International Business Machines Corporation, IBM/ITOS Rocklin,
Rocklin, California 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 (ATAA) under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 5th day of October, 2006


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