Certified
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TAW-73804  /  International Business Machines (IBM) (San Ramon, CA)

Petitioner Type: State
Impact Date: 03/24/2009
Filed Date: 03/29/2010
Most Recent Update: 10/28/2010
Determination Date: 10/28/2010
Expiration Date: 10/28/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,804

INTERNATIONAL BUSINESS MACHINES (IBM)
DATABASE ADMINISTRATORS
WORKING ON THE AT&T CONTRACT
SAN RAMON, CALIFORNIA

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 March 29, 2010, by the State Workforce Office on
behalf of workers of International Business Machines (IBM),
Database Administrators, working on the AT&T contract, San
Ramon, California (IBM). The workers provide database
administration services.
The investigation revealed that workers of IBM who are
engaged in employment related to providing database
administration services 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 database
administration services to Brazil 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), Database Administrators, working on
the AT&T contract, San Ramon, California, who are engaged in
employment related to the supply of database administration
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 (IBM),
Database Administrators, working on the AT&T contract,
San Ramon, California, who became totally or partially
separated from employment on or after March 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 28th day of October, 2010.



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