DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,146

IBM
GLOBAL BUSINESS SERVICES DIVISION
APPLICATION MANAGEMENT SERVICES BUSINESS UNIT
CHARLESTON, WEST VIRGINIA

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 24, 2009 on behalf of workers of IBM, Global
Business Services Division, Application Management Services
Business Unit, Charleston, West Virginia (AMS). The workers
are engaged in employment related to the supply of support for
software-related services, particularly Nisource and its
various applications.
The investigation revealed that workers of AMS who are
engaged in employment related to the supply of support for
software-related services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers' firm
has shifted the supply of support for software-related
services to Argentina and Canada.
Criterion III has been met because the shift of supply of
support for software-related services to Argentina and Canada
by IBM contributed importantly to worker group separations at
AMS.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM, Global Business
Services Division, Application Management Services Business
Unit, Charleston, West Virginia, who are engaged in employment
related to the supply of support for 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,
Application Management Services Business Unit,
Charleston, West Virginia, who became totally or partially
separated from employment on or after December 21, 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 23rd day of April, 2010


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