TAW-74316 / International Business Machines (IBM) (Lexington, KY)
Petitioner Type: Workers
Impact Date: 06/10/2009
Filed Date: 06/29/2010
Most Recent Update: 10/29/2010
Determination Date: 10/29/2010
Expiration Date: 10/29/2012
Employment and Training Administration
TA-W-74,316
INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
SERVER SYSTEMS OPERATIONS IC1 TIVOLI
STORAGE MANAGER, BACKUP AND RECOVERY GROUP
LEXINGTON, KENTUCKY
TA-W-74,316A
INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
SERVER SYSTEMS OPERATIONS IC1 TIVOLI
STORAGE MANAGER, BACKUP AND RECOVERY GROUP
CAMBRIDGE, MASSACHUSETTS
TA-W-74,316B
INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
SERVER SYSTEMS OPERATIONS IC1 TIVOLI
STORAGE MANAGER, BACKUP AND RECOVERY GROUP
LANSING AND MIDLAND, MICHIGAN
TA-W-74,316C
INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
SERVER SYSTEMS OPERATIONS IC1 TIVOLI
STORAGE MANAGER, BACKUP AND RECOVERY GROUP
HAZELWOOD, MISSOURI
TA-W-74,316D
INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
SERVER SYSTEMS OPERATIONS IC1 TIVOLI
STORAGE MANAGER, BACKUP AND RECOVERY GROUP
PISCATAWAY, NEW JERSEY
TA-W-74,316E
INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
SERVER SYSTEMS OPERATIONS IC1 TIVOLI
STORAGE MANAGER, BACKUP AND RECOVERY GROUP
RESEARCH TRIANGLE PARK, NORTH CAROLINA
TA-W-74,316F
INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
SERVER SYSTEMS OPERATIONS IC1 TIVOLI
STORAGE MANAGER, BACKUP AND RECOVERY GROUP
COLUMBIA, 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 29, 2010, on behalf of workers of International
Business Machines (IBM), Global Technology Services Delivery
Division, Server Systems Operations IC1 Tivoli Storage
Manager, Backup and Recovery Group, Lexington, Kentucky (TA-W-
74,316); Cambridge, Massachusetts (TA-W-74,316A); Lansing and
Midland, Michigan (TA-W-74,316B); Hazelwood, Missouri (TA-W-
74,316C); Piscataway, New Jersey (TA-W-74,316D); Research
Triangle Park, North Carolina (TA-W-74,316E); and Columbia,
South Carolina (TA-W-74,316F). The workers provide client data
management services.
The investigation revealed that workers of IBM, Global
Technology Services Delivery Division, Server Systems
Operations IC1 Tivoli Storage Manager, Backup and Recovery
Group, who are engaged in employment related to client data
management services, meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers have been separated during the relevant period.
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
contributed importantly to worker group separations at IBM,
Global Technology Services Delivery Division, Server Systems
Operations IC1 Tivoli Storage Manager, Backup and Recovery
Group.
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, Server Systems Operations IC1 Tivoli Storage
Manager, Backup and Recovery Group, who are engaged in
employment related to client data management 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),
Global Technology Services Delivery Division, Server
Systems Operations IC1 Tivoli Storage Manager, Backup and
Recovery Group, Lexington, Kentucky (TA-W-74,316);
Cambridge, Massachusetts (TA-W-74,316A); Lansing and
Midland, Michigan (TA-W-74,316B); Hazelwood, Missouri
(TA-W-74,316C); Piscataway, New Jersey (TA-W-74,316D);
Research Triangle Park, North Carolina (TA-W-74,316E);
and Columbia, South Carolina (TA-W-74,316F), who became
totally or partially separated from employment on or after
June 10, 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 29th day of October, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance