DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,563

INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM)
GLOBAL BUSINESS SERVICES
INFORMATION TECHNOLOGY APPLICATION DEVELOPMENT AND MAINTENANCE
SERVICES DIVISION (DIVISION 6C: APPLICATION SERVICES)
STERLING FOREST, 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 February 25, 2010 on behalf of workers of International
Business Machines Corporation (IBM), Global Business Services,
Information Technology Application Development and Maintenance
Services Division (Division 6C: Application Services),
Sterling Forest, New York (hereafter referred to as IBM-
Division 6C). The workers are engaged in employment related to
the supply of information technology application development and
maintenance services.
The investigation revealed that workers of IBM-Division 6C,
who are engaged in employment related to the supply of
information technology application development and maintenance
services, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at IBM-Division 6C has been totally or
partially separated, or threatened with such separation,
during the relevant period.
Criterion II has been met because the subject firm has
shifted to a foreign country the supply of services like or
directly competitive with information technology application
development and maintenance services supplied by the workers at
IBM-Division 6C.
Criterion III has been met because the shift of
information technology application development and maintenance
services to Argentina, Brazil, India, and Mexico contributed
importantly to worker group separations at the Sterling
Forest, New York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM-Division 6C,
Sterling Forest, New York, who are engaged in employment related
to the supply of information technology application development
and maintenance 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 Business Services, Information
Technology Application Development and Maintenance
Services Division (International Business Machines
Corporation (IBM), Global Business Services, Information
Technology Application Development and Maintenance
Services Division (Division 6C: Application Services),
Sterling Forest, New York, who became totally or partially
separated from employment on or after February 24, 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