DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,218

INTERNATIONAL BUSINESS MACHINES CORPORATION
ITD BUSINESS UNIT
DIVISION 7
EMAIL AND COLLABORATION GROUP
INCLUDING WORKERS OFF-SITE FROM VARIOUS STATES IN THE UNITED
STATES REPORTING TO ARMONK, NEW YORK
ARMONK, NEW YORK

TA-W-73,218A

INTERNATIONAL BUSINESS MACHINES CORPORATION
WEB STRATEGY AND ENABLEMENT ORGANIZATION
INCLUDING WORKERS OFF-SITE FROM VARIOUS STATES IN THE UNITED
STATES REPORTING TO ARMONK, NEW YORK
ARMONK, NEW YORK

Amended 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
(Department) issued a Certification of Eligibility to Apply for
Worker Adjustment Assistance on May 14, 2010, applicable to
workers of International Business Machines Corporation (IBM), ITD
Business Unit, Division 7, Email and Collaboration Group,
including workers off-site from various states in the United
States reporting to Armonk, New York, Armonk, New York. The
workers are engaged in employment related to the supply of
system server support for e-mail and data servers related to
Division 7. The Department’s Notice was published in the
Federal Register on May 28, 2010 (75 FR 30067).
At the request of workers, the Department reviewed the
certification for workers of the subject firm. The company
confirmed that workers of the Web Strategy and Enablement
Organization provided support to the IDT Business Unit and
reported to the Armonk, New York facility. The company also
confirmed that a number of workers assigned to the Web Strategy
and Enablement Organization are located in various stated in the
United States and report to the Armonk, New York facility.
Based on these findings, the Department is amending this
certification to include workers of International Business
Machines Corporation, Web Strategy and Enablement Organization,
including workers off-site from various states in the United
States reporting to Armonk, New York (TA-W-73,218A).
The amended notice applicable to TA-W-73,218 is hereby issued
as follows:
"“All workers of International Business Machines Corporation
(IBM), ITD Business Unit, Division 7, Email and Collaboration
Group, including workers off-site from various states in the
United States reporting to Armonk, New York, Armonk, New York
(TA-W-73,218), and all workers of International Business
Machines Corporation (IBM), Web Strategy and Enablement
Organization, including workers off-site from various states
in the United States reporting to Armonk, New York, Armonk,
New York (TA-W-73,218A), who became totally or partially
separated from employment on or after January 6, 2009,
through May 14, 2012, and all workers in the group threatened
with total or partial separation from employment on May 14,
2010 through May 14, 2012, 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 25th day of July, 2011

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,218

INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM)
ITD BUSINESS UNIT
DIVISION 7
EMAIL AND COLLABORATION GROUP
INCLUDING WORKERS OFF-SITE FROM VARIOUS STATES IN THE UNITED
STATES REPORTING TO ARMONK, NEW YORK
ARMONK, NEW YORK

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 January 7, 2010 on behalf of workers of International
Business Machines Corporation (IBM), ITD Business Unit, Division 7,
Email and Collaboration Group, including workers off-site from
various states in the United States reporting to Armonk, New York,
Armonk, New York (hereafter referred to as IBM-Email and
Collaboration Group). The workers are engaged in employment
related to the supply of system server support for e-mail and data
servers related to Division 7.
The investigation revealed that workers of IBM-Email and
Collaboration Group, who are engaged in employment related to the
supply of system server support, meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of workers of IBM-Email and Collaboration Group has
been totally or partially separated, or threatened with such
separation, during the relevant period.
Criterion II has been met because the workers’ firm has
shifted to foreign countries the supply of services like or
directly competitive with the system server support services
supplied by the workers of IBM-Email and Collaboration Group.
Criterion III has been met because the shift of system
server support services to India and Brazil contributed
importantly to worker group separations at IBM-Email and
Collaboration Group.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM-Email and
Collaboration Group, including workers off-site from various
states in the United States reporting to Armonk, New York, who are
engaged in employment related to the supply of system server
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
(IBM), ITD Business Unit, Division 7, Email and Collaboration
Group, including workers off-site from various states in the
United States reporting to Armonk, New York, Armonk, New York,
who became totally or partially separated from employment on
or after January 6, 2009, 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 14th day of May, 2010


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance



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