DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,062

MANPOWER
WORKERS EMPLOYED ON-SITE AT
IBM PARTS SALES DIVISION AND PARTS PLANNING DIVISION
MECHANICSBURG, PENNSYLVANIA

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 August 18, 2009 on behalf of workers of Manpower,
employed on-site at IBM, Parts Sales Division and Services
Parts Planning Division, Mechanicsburg, Pennsylvania. The
workers were engaged in the supply of service parts planning and
parts sales services on-site at a facility owned by IBM, the
customer of the subject firm.
The investigation revealed that workers of the subject firm
who are engaged in employment related to providing parts sales
and service parts planning services meet the criteria for
certification.
Criterion I has been met because a significant number of
workers were separated by the subject firm.
Criterion II has been met because IBM has shifted to a
foreign country the supply of services like or directly
competitive with the services supplied by the workers of the
subject firm.
Criterion III has been met because the shift of service
parts planning and parts sales services to Argentina by IBM
contributed importantly to worker group separations at the
subject firm.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Manpower, employed
on-site at IBM, Parts Sales Division and Services Parts
Planning Division, Mechanicsburg, Pennsylvania, who are engaged
in employment related to supply of service parts planning and
parts sales 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 Manpower, employed on-site at IBM, Parts
Sales Division and Services Parts Planning Division,
Mechanicsburg, Pennsylvania, who became totally or
partially separated from employment on or after August 6,
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 13th day of October, 2009.

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