Denied
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TAW-61986  /  IBM Corporation (Racine, WI)

Petitioner Type: Workers
Impact Date:
Filed Date: 08/15/2007
Most Recent Update: 09/20/2007
Determination Date: 09/20/2007
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,986

IBM CORPORATION
INTEGRATED TECHNOLOGY DELIVERY DIVISION
WORKING ON-SITE AT CASE NEW HOLLAND
RACINE, WISCONSIN

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 15, 2007 in
response to a petition filed on behalf of workers of IBM
Corporation, Integrated Technology Delivery Division, working
on-site at Case New Holland, Racine, Wisconsin. The workers of
the subject firm performed technical systems monitoring
services.
The investigation found that Integrated Technology Delivery
Division is a division of IBM Corporation that is associated
with the maintenance of technology systems and is not associated
with the production of any articles.
The investigation further revealed that IBM Corporation,
Integrated Technology Delivery Division, working on-site at Case
New Holland, Racine, Wisconsin, does not produce an article, nor
does it support the production of an article at Case New
Holland, 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
technical systems monitoring workers described above do 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 facts obtained in the
investigation, I determine that all workers of IBM Corporation,
Integrated Technology Delivery Division, working on-site at Case
New Holland, Racine, Wisconsin, 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 as amended.
Signed in Washington, D.C., this 20th day of September, 2007


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