DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,164

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ARTECH
GREENVILLE, SOUTH CAROLINA

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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on August 25, 2010, applicable to workers of
International Business Machines (IBM), Global Technology Services
Delivery Division, Greenville, South Carolina. The Department’s
Notice of determination was published in the Federal Register on
September 15, 2010 (75 FR 56143).
At the request of a State Workforce Agent, the Department
reviewed the certification for workers of the subject firm. The
workers provide customer help desk support.
During the review, the company confirmed that workers leased
from Artech were employed on-site at the Greenville, South
Carolina location of IBM, Global Technology Services Delivery
Division. The Department has determined that these workers were
sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Artech working on-
site at the Greenville, South Carolina location of IBM, Global
Technology Services Delivery Division.
The amended notice applicable to TA-W-74,164 is hereby
issued as follows:
"All workers of International Business Machines (IBM),
Global Technology Services Delivery Division, including
on-site leased workers from Artech, Greenville, South
Carolina, who became totally or partially separated
from employment on or after May 26, 2009, through
August 25, 2012, 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 at Washington, D.C. this 21st day of September, 2010.

/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-74,164

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
GREENVILLE, SOUTH 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 June 1, 2010, on behalf of workers of International
Business Machines (IBM), Global Technology Services Delivery
Division, Greenville, South Carolina (IBM). The workers provide
customer help desk support.
The investigation revealed that workers of IBM who are
engaged in employment related to help desk support meet the
criteria for certification.
Criterion I has been met because employment 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 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 Global Technology Services Delivery Division.
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,
Greenville, South Carolina, who are engaged in employment related
to 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, Greenville,
South Carolina, who became totally or partially separated
from employment on or after May 26, 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



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