DEPARTMENT OF LABOR

Employment and Training Administration

TA-W 71,746

INTERNATIONAL BUSINESS MACHINES CORPORATION
GLOBAL SERVICES BUSINESS UNIT
INTERGRATED TECHNOLOGY DELIVERY DIVISION
SYSTEM SERVER OPERATIONS
DISTRIBUTED SYSTEMS MANAGEMENT
INCLUDING ON-SITE LEASED WORKERS FROM CDI BUSINESS SOLUTIONS
LEXINGTON, KENTUCKY

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 July 21, 2009 on behalf of workers of International
Business Machines Corporation, Global Services Business Unit,
Integrated Technology Delivery Division, System Server
Operations, Distributed System Management, Lexington, Kentucky
(IBM). The workers provide network, server and applications
monitoring support. The worker group also includes on-site
leased workers from CDI Business Solutions.
The investigation revealed that workers of IBM who are
engaged in employment related to network, server and
applications monitoring support meet the criteria for
certification.
Criterion I has been met because a significant proportion
of the workers have been separated from employment during the
relevant period.
Criterion II has been met because the worker's firm has
shifted to India the supply of services like or directly
competitive with the network server and applications
monitoring support services provided by the workers.
Criterion III has been met because the shift of network,
server and applications monitoring support to India by IBM
contributed importantly to the worker group separations at the
Lexington, Kentucky facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International
Business Machines Corporation, Global Services Business Unit,
Integrated Technology Delivery Division, System Server
Operations, Distributed System Management, Lexington,
Kentucky, including on-site leased workers of CDI Business
Solutions, who are engaged in employment related to network,
server and applications monitoring support 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 Services Business Unit, Integrated
Technology Delivery Division, System Server Operations,
Distributed System Management, Lexington, Kentucky,
including on-site leased workers of CDI Business Solutions,
including on-site leased workers for CDI Business
Solutions, who became totally or partially separated from
employment on or after July 17, 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 18th day of November, 2009


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