DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,550

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
INCLUDING OFF-SITE TELEWORKERS
CHARLOTTE, NORTH CAROLINA

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 February 23, 2010, on behalf of workers of
International Business Machines (IBM), Global Technology
Services Delivery Division, Charlotte, North Carolina
including off-site teleworkers reporting to the Charlotte
facility. The workers provide customer help desk support.
The investigation revealed that workers of IBM who are
engaged in employment related to providing customer help desk
support meet the criteria for certification.
Criterion I has been met because employment at the
subject facility declined by at least five percent during the
period under investigation.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of a service like
or directly competitive with the service supplied by the
workers.
Criterion III has been met because the shift of customer
help desk support services to India 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 (IBM), Global Technology Services Delivery
Division, Charlotte, North Carolina, including off-site
teleworkers reporting to the Charlotte facility who are engaged
in employment related to providing customer help desk 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 (IBM),
Global Technology Services Delivery Division, Charlotte,
North Carolina, including off-site teleworkers reporting
to the Charlotte facility who became totally or partially
separated from employment on or after February 16, 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 10th day of September, 2010.

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