Certified
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TAW-72451  /  International Business Machines Corporation (Minneapolis, MN)

Petitioner Type: State
Impact Date: 09/29/2008
Filed Date: 09/30/2009
Most Recent Update: 03/16/2010
Determination Date: 03/16/2010
Expiration Date: 03/16/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,451

INTERNATIONAL BUSINESS MACHINES CORPORATION
GLOBAL TECHNOLOGY SERVICES BUSINESS UNIT
INCLUDING LEASED WORKERS FROM LOGICALIS, TEKSYSTEMS, SDI,
ARTECH, CDI, GLASSHOUSE, COMSYS AND ROBERT HALF TECHNOLOGIES,
WORKING ON-SITE AT
ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA
GOLDEN VALLEY, MINNESOTA

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 September 30, 2009 on behalf of workers of
International Business Machines Corporation, Global Technology
Services Unit, working on-site at Allianz Life Insurance
Company of North America, Golden Valley, Minnesota (IBM). The
workers are engaged in activities related to technical-helpdesk
and information technology support services. The workers are not
separately identifiable by function. The investigation revealed
that the worker group includes leased workers from Logicalis,
TekSystems, SDI, Artech, CDI, Glasshouse, Comsys and Robert
Half Technologies. The leased workers were under the control
of IBM and worked on-site at Allianz Life Insurance Company of
North America, Golden Valley, Minnesota.
The investigation further revealed that workers of
International Business Machines Corporation, Global Technology
Services Unit, including leased workers from Logicalis,
TekSystems, SDI, Artech, CDI, Glasshouse, Comsys and Robert
Half Technologies, working on-site at Allianz Life Insurance
Company of North America, Golden Valley, Minnesota who are
engaged in activities related to technical-helpdesk and
information technology support services meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of workers at the workers' firm have become totally
or partially separated.
Criterion II has been satisfied because the workers firm
has shifted to a foreign country a supply of a service like or
directly competitive with the service supplied by the workers.
Criterion III has been met because the shift of
technical-helpdesk and information technology support services
to Brazil 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 Corporation, Global Technology Services Unit,
including leased workers from Logicalis, TekSystems, SDI,
Artech, CDI, Glasshouse, Comsys and Robert Half Technologies,
working on-site at Allianz Life Insurance Company of North
America, Golden Valley, Minnesota, who are engaged in
employment related to technical-helpdesk and information
technology 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 Unit, including
leased workers from Logicalis, TekSystems, SDI, Artech,
CDI, Glasshouse, Comsys and Robert Half Technologies,
working on-site at Allianz Life Insurance Company of
North America, Golden Valley, Minnesota, who became
totally or partially separated from employment on or after
September 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 16th day of March, 2010

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