DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,003

IBM
GLOBAL BUSINESS SERVICES DIVISION
SOFTWARE SERVICE, TESTING, AND SUPPORT GROUP
AUSTIN, TEXAS

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 December 2, 2009 on behalf of workers of IBM, Global
Business Services Division, Software Service, Testing, and
Support Group (SSTS), Austin, Texas. The workers are engaged
in employment related to the supply of software-related
services.
The investigation revealed that workers of SSTS who are
engaged in employment related to software-related services
meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers have been totally or partially separated or
threatened with separation during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted the supply of software-related services to India,
Argentina, and Mexico.
Criterion III has been met because the shift of services
by IBM contributed importantly to worker group separations at
the Austin, Texas facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM, Global Business
Services Division, Software Service, Testing, and Support
Group, Austin, Texas, who are engaged in employment related to
software-related 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 IBM, Global Business Services Division,
Software Service, Testing, and Support Group, Austin,
Texas who became totally or partially separated from
employment on or after November 24, 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 15th day of January, 2010

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