DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,373

IBM
LEARNING AND KNOWLEDGE GROUP
CHICAGO, ILLINOIS

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 24, 2009, by a company official on behalf of
workers of IBM, Learning And Knowledge Group, Chicago, Illinois
(IBM). The workers provided knowledge management services.
The investigation revealed that workers of IBM who are
engaged in employment related to knowledge management meet the
criteria for certification.
Criterion I has been met because a significant number of
workers were separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of services like
or directly competitive with the knowledge management services
provided by the subject firm.
Criterion III has been met because the shift of knowledge
management services to India by IBM contributed importantly to
worker group separations at IBM, Learning And Knowledge Group,
Chicago, Illinois.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM, Learning And
Knowledge Group, Chicago, Illinois, who are engaged in
employment related to knowledge management 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 IBM, Learning And Knowledge Group,
Chicago, Illinois, who became totally or partially
separated from employment on or after June 22, 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 7th day of December, 2009.

/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance