DEPARTMENT OF LABOR

Employment and Training Administration

TA-W 71,031

INTERNATIONAL BUSINESS MACHINES CORPORATION
GLOBAL BUSINESS SERVICES
ABB ACCOUNT
ENDICOTT, NEW YORK

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on June 8, 2009 by three workers on behalf of workers of
International Business Machines Corporation, reporting to Global
Business Services, ABB Account, Endicott, New York. The
workers provided data backup and recovery services for ABB.
The workers worked from home in various locations around the
United States, but reported to the Endicott, New York
facility.
The investigation revealed that workers of IBM who are
engaged in employment related to data backup and recovery
services meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers at the subject firm have been separated from
employment during the relevant period.
Criterion II has been satisfied because the worker's firm
has shifted to a foreign country the supply of services like
or directly competitive with the services provided by the
workers.
Criterion III has been met because the shift of services
to the Czech Republic by IBM contributed importantly to the
worker group separations on the ABB account team.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International
Business Machines Corporation, reporting to Global Business
Services, ABB Account, Endicott, New York, who are engaged in
employment related to data backup and recovery services for ABB
meet the worker group certification criteria under Section
222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of International Business Machines
Corporation, reporting to Global Business Services, ABB
Account, Endicott, New York, who became totally or
partially separated from employment on or after May 20,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 12th day of November, 2009.

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance