DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,248

INTERNATIONAL BUSINESS MACHINES CORPORATION
GLOBAL TECHNOLOGY SERVICES BUSINESS UNIT
INTEGRATED TECHNOLOGY SERVICES
COST AND EXPENSE TEAM
PAYROLL, TRAVEL AND MOBILITY SERVICES TEAM
WORKING FROM VARIOUS STATES IN THE UNITED STATES
REPORTING TO ARMONK, NEW YORK
INCLUDING ON-SITE LEASED WORKERS FROM
DATROSE, INC.
ARMONK, NEW YORK


Amended 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 issued a
Certification of Eligibility to apply for Worker Adjustment
Assistance on July 31, 2009, applicable to workers of International
Business Machines Corporation, Global Technology Services Business
Unit, Integrated Technology Services, Cost and Expense Team,
working from various states in the United States and reporting to
Armonk, New York. The Department’s notice was published in the
Federal Register on April 23, 2010 (75 FR 21355).
The certification was amended on April 8, 2010 to leased
workers from Datrose, Inc. working on-site at the Armonk, New York
facility. The Department’s notice was published in the Federal
Register on April 19, 2010 (75 FR 20388-20389).

At the request of a company official, the Department reviewed
the certification for workers of the subject firm. The workers are
engaged in activities related to support for the Global Technology
Services Business Unit.
The company reports that workers of the Payroll, Travel, and
Mobility Services Team were part of the International Business
Machines Corporation, Global Technology Services Business Unit,
Integrated Technology Services, reporting to the Armonk, New York
facility. The Department has determined that workers of the
Payroll, Travel, and Mobility Services Team were affected by the
subject firm’s shift in supply of like or directly competitive
services to India.
Based on these findings, the Department is amending this
certification to include workers in the Payroll, Travel, and
Mobility Services Team of International Business Machines
Corporation, Global Technology Services Business Unit, Integrated
Technology Services, reporting to the Armonk, New York facility.
The amended notice applicable to TA-W-71,248 is hereby issued
as follows:






“All workers of International Business Machines Corporation,
Global Technology Services Business Unit, Integrated
Technology Services, Cost and Expense Team, Payroll, Travel,
and Mobility Services Team, working in various states but
reporting to Armonk, New York, including on-site leased
workers from Datrose, Inc., Armonk, New York, who became
totally or partially separated from employment on or after
June 1, 2008, through July 31, 2011, and all workers in the
group threatened with total or partial separation from
employment on 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 21st day of January, 2011


/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,248

INTERNATIONAL BUSINESS MACHINES CORPORATION
GLOBAL TECHNOLOGY SERVICES BUSINESS UNIT
INTEGRATED TECHNOLOGY SERVICES
COST AND EXPENSE TEAM
WORKING FROM VARIOUS STATES IN THE UNITED STATES
REPORTING TO ARMONK, 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 17, 2009 on behalf of workers of International
Business Machines Corporation, Global Technology Services Business
Unit, Integrated Technology Services, Cost and Expense Team. The
workers of the Cost and Expense Team work from home in locations
throughout the United States and report to IBM’s headquarters in
Armonk, New York. The workers provide support for the Global
Technology Services Business Unit.
The investigation revealed that workers of the Cost and
Expense team who are engaged in internal support services meet
the criteria for certification.
Criterion I has been met because more than five percent of
the workers have been separated from employment in January
through June 2009 compared with the same period in 2008.
Criterion II has been satisfied because the worker’s firm is
shifting the supplying of services like or directly competitive
with the services provided by the workers to a foreign country.
Criterion III has been met because the shift of support
services to India by IBM has contributed importantly to worker
group separations at the Cost and Expense Team.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International Business
Machines Corporation, Global Technology Services Business Unit,
Integrated Technology Services, Cost and Expense Team, who are
engaged in support services, 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,
Global Technology Services Business Unit, Integrated
Technology Services, Cost and Expense Team, working in various
states but reporting to Armonk, New York, who became totally
or partially separated from employment on or after June 1,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on 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 31st day of July, 2009


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



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