DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,426

INTERNATIONAL BUSINESS MACHINES (IBM)
DIVISION 7T
ENTERPRISE SYSTEMS DEVELOPMENT
ROCHESTER, MINNESOTA

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 July 23, 2010, by a State Workforce Office on behalf
of workers of International Business Machines (IBM), Division
7T, Enterprise Systems Development, Rochester, Minnesota. The
workers provide technical writing services.
The investigation revealed that workers of IBM who are
engaged in employment related to technical writing services
meet the criteria for certification.
Criterion I has been met because employment in Division
7T 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 technical
writing services to a foreign country contributed importantly
to worker group separations in Division 7T.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International
Business Machines (IBM), Division 7T, Enterprise Systems
Development, Rochester, Minnesota, who are engaged in
employment related to technical writing 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),
Division 7T, Enterprise Systems Development, Rochester,
Minnesota, who became totally or partially separated from
employment on or after July 22, 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 7th day of October, 2010


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