DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,283

IBM CORPORATION
WORKERS ON-SITE AT DANA CORPORATION
SEALING PRODUCTS
FULTON, KENTUCKY

Certification Regarding Eligibility
To Apply for Trade 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on April 11, 2007 in response
to a petition filed by a state representative on behalf of a worker
of IBM Corporation, working on-site at Dana Corporation, Sealing
Products, Fulton, Kentucky, providing human resource services. In
particular, the worker processed employee payroll and benefits
data.
The investigation revealed that the worker of IBM Corporation
is contracted to Dana Corporation, Sealing Products, Fulton,
Kentucky, to provide human resource services at the manufacturing
facility. Dana Corporation, Sealing Products, Fulton, Kentucky,
produces rubber sealing products. Workers of that firm were
certified eligible to apply for trade adjustment assistance under
petition number TA-W-60,312, issued on November 29, 2006. The
Department determined that there was a decline in employment and
sales, and increased imports of articles like or directly
competitive with rubber sealing products.
This investigation revealed that the number of employees of
IBM Corporation, working on-site at Dana Corporation, Sealing
Products, Fulton, Kentucky, declined because the facility shut
down.
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.
Since the worker of Dana Corporation, Sealing Products,
Fulton, Kentucky, are certified eligible to apply for ATAA, the
Department is extending that eligibility to the on-site employee of
IBM corporation.





Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with rubber sealing products produced
by Dana Corporation, Sealing Products, Fulton, Kentucky,
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of IBM Corporation, working on-site at Dana
Corporation, Sealing Products, Fulton, Kentucky, who became
totally or partially separated from employment on or after
April 10, 2006, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C., this 20th day of April 2007.


/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance