Certified
« back to search results

TAW-73909  /  International Business Machines (IBM) (Mechanicsburg, PA)

Petitioner Type: Workers
Impact Date: 03/29/2009
Filed Date: 04/13/2010
Most Recent Update: 08/25/2010
Determination Date: 08/25/2010
Expiration Date: 08/25/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,909

INTERNATIONAL BUSINESS MACHINES (IBM)
SERVICE PARTS ORGANIZATION
MECHANICSBURG, PENNSYLVANIA

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 April 13, 2010, on behalf of workers of International
Business Machines (IBM), Service Parts Organization,
Mechanicsburg, Pennsylvania. The workers provide information
technology support services.
The investigation revealed that workers of IBM, who are
engaged in employment related to information technology
support services, meet the criteria for certification.
Criterion I has been met because employment has 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 services like
or directly competitive with the information technology
support services supplied by the workers.
Criterion III has been met because the shift of services
to a foreign country by IBM contributed importantly to worker
group separations in the Service Parts Organization.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International
Business Machines (IBM), Service Parts Organization,
Mechanicsburg, Pennsylvania, who are engaged in employment
related to information technology support 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),
Service Parts Organization, Mechanicsburg, Pennsylvania,
who became totally or partially separated from employment
on or after March 29, 2009, through two years from the date
of certification, and all workers in the group threatened
with total or partial separation from employment on the
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 25th day of August, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance