Petitioner Type: State
Impact Date: 06/29/2008
Filed Date: 06/29/2009
Most Recent Update: 03/01/2010
Determination Date: 03/01/2010
Expiration Date: 03/01/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,452
INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL BUSINESS SERVICES DIVISION
APPLICATION SERVICES SEGMENT
WORKING ON-SITE AT HORIZON BLUE CROSS BLUE SHIELD OF NEW
JERSEY
INCLUDING ON-SITE LEASED WORKERS OF COLLABERRA, ICSI, CTG, AND
MANPOWER
NEWARK, NEW JERSEY
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 29, 2009 by a New Jersey state workforce official
on behalf of workers of International Business Machines (IBM),
Global Business Services Division, Application Services
Segment, working on-site at Blue Cross Blue Shield of New
Jersey, including on-site leased workers of Collaberra, ICSI,
CTG, and Manpower, Newark, New Jersey. The workers provide
information technology services to Horizon Blue Cross Blue
Shield of New Jersey.
The investigation revealed that workers of IBM who are
engaged in employment related to the provision of information
technology services to Horizon Blue Cross Blue Shield of New
Jersey meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated over the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of a service like
or directly competitive with the service supplied by the
workers.
Criterion III has been met because the shift of
information technology services to India by IBM contributed
importantly to worker group separations at IBM.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International
Business Machines (IBM), Global Business Services Division,
Application Services Segment, working on-site at Horizon Blue
Cross Blue Shield of New Jersey, including on-site leased
workers of Collaberra, ICSI, CTG, and Manpower, Newark, New
Jersey, who are engaged in employment related to information
technology 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 (IBM),
Global Business Services Division, Application Services
Segment, working on-site at Horizon Blue Cross Blue Shield
of New Jersey, including on-site leased workers of
Collaberra, ICSI, CTG, and Manpower, Newark, New Jersey,
who became totally or partially separated from employment
on or after June 29, 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 1st day of March, 2010
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance