Denied
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TAW-74554 / International Business Machines (IBM) (San Francisco, CA)
Petitioner Type: State
Impact Date:
Filed Date: 08/23/2010
Most Recent Update: 10/29/2010
Determination Date: 10/29/2010
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,554
INTERNATIONAL BUSINESS MACHINES (IBM)
SOFTWARE GROUP BUSINESS UNIT
QUALITY ASSURANCE GROUP
SAN JOSE, CALIFORNIA
Notice of Negative Determination
on Reconsideration
On January 21, 2011, the Department of Labor (Department)
issued an Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of
International Business Machines (IBM), Software Group Business
Unit, Optim Data Studio Tools QA, San Jose, California
(subject firm). The Department’s Notice was published in the
Federal Register on February 2, 2011 (76 FR 5832). The subject
worker group supplies acceptance testing services, design
consulting services, and call center services.
The negative determination of the Trade Adjustment
Assistance petition filed by a State of California workforce
agent on behalf of workers at the subject firm was based on the
Department’s finding that Criterion (1) has not been met because
the Department did not find that a significant number or
proportion of the workers at IBM, Software Group Business Unit,
Optim Data Studio Tools QA, San Jose, California was totally
or partially separated, or threatened with separation.
29 CFR 90 defines “significant number or proportion of the
workers” to mean “(a) In most cases, the total or partial
separations, or both, in a firm or appropriate subdivision
thereof, are the equivalent to a total of unemployment of five
percent (5 percent) of the workers or 50 workers, whichever is
less; or (b) At least three workers in a firm (or appropriate
subdivision thereof) with a workforce of fewer than 50 workers.”
In his request for reconsideration, a worker stated that “I
was an employee of Information Management Group where . . . over
100+ employees have been let go from this particular group . . .
In my specific HPU group (High Performance Unload tooling group)
I was the only full time employee working in the USA validating
the quality of this produce running Acceptance testing.” The
request for reconsideration included a diagram that shows that
“HPU tooling” is a group within “Information Management,” which
is a unit within the “Software Division” of IBM.
New information obtained from the subject firm during the
reconsideration investigation shows that the Optim Data Studio
Tools QA unit is a subset of the Quality Assurance Group, which is
part of the Software Group Business Unit of IBM, and that the HPU
Tooling Group is a project handled by members of the Quality
Assurance Group rather than a distinct subgroup of IBM. As such,
the Department determines that the subject worker group consists of
workers of IBM, Software Group Business Unit, Quality Assurance
Group, San Jose, California.
During the reconsideration investigation, the Department
received information that there was only one worker separation
within the subject worker group and that no workers of the subject
worker group was threatened with separation (partial or total), as
defined by 29 CFR 90. Rather, the new information obtained during
the reconsideration investigation revealed that employment within
the Quality Assurance Group (San Jose, California facility)
increased in 2010 from 2009 levels.
Pursuant to 29 CFR 90.18(c), reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
After careful review of the administrative record and new
information collected during the reconsideration investigation, the
Department determines that, in light of the new information, the
determination complained of is not erroneous; that the
determination complained of is no based on a mistake in the
determination of facts not previously considered; and that there
has not been a misinterpretation of facts or of the law.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of
International Business Machines (IBM), Software Group Business
Unit, Quality Assurance Group, San Jose, California.
Signed in Washington, D.C., on this 22nd day of August, 2011
/s/ Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,554
INTERNATIONAL BUSINESS MACHINES (IBM)
SOFTWARE GROUP BUSINESS UNIT
OPTIM DATA STUDIO TOOLS QA
SAN JOSE, CALIFORNIA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated November 29, 2010, a worker and a state
workforce official requested administrative reconsideration of the
Department of Labor's negative determination regarding eligibility
to apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The denial notice
was signed on October 29, 2010, and was published in the Federal
Register on November 17, 2010 (75 FR 70296).
The negative determination of the TAA petition filed on behalf
of workers at International Business Machines (IBM), Software
Group Business Unit, Optim Data Studio Tools QA, San Jose,
California was based on the finding that that Criterion (1) has not
been met because fewer than three workers were separated from Optim
Data Studio Tools QA and further separations are not threatened.
In the request for reconsideration the petitioner stated that
there were three more additional IBM employees working on the
relevant product within the Data Studio Tools QA on a part-time
basis and that the development for this product was shifted to a
foreign country.
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the petitioning workers meet the eligibility requirements of the
Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 21st day of January 2011
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,554
INTERNATIONAL BUSINESS MACHINES (IBM)
SOFTWARE GROUP BUSINESS UNIT
OPTIM DATA STUDIO TOOLS QA
SAN JOSE, CALIFORNIA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated November 29, 2010, a worker and a state
workforce official requested administrative reconsideration of the
Department of Labor's negative determination regarding eligibility
to apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The denial notice
was signed on October 29, 2010, and was published in the Federal
Register on November 17, 2010 (75 FR 70296).
The negative determination of the TAA petition filed on behalf
of workers at International Business Machines (IBM), Software
Group Business Unit, Optim Data Studio Tools QA, San Jose,
California was based on the finding that that Criterion (1) has not
been met because fewer than three workers were separated from Optim
Data Studio Tools QA and further separations are not threatened.
In the request for reconsideration the petitioner stated that
there were three more additional IBM employees working on the
relevant product within the Data Studio Tools QA on a part-time
basis and that the development for this product was shifted to a
foreign country.
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the petitioning workers meet the eligibility requirements of the
Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 21st day of January 2011
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
- 8 -
Employment and Training Administration
TA-W-74,554
INTERNATIONAL BUSINESS MACHINES (IBM)
SOFTWARE GROUP BUSINESS UNIT
QUALITY ASSURANCE GROUP
SAN JOSE, CALIFORNIA
Notice of Negative Determination
on Reconsideration
On January 21, 2011, the Department of Labor (Department)
issued an Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of
International Business Machines (IBM), Software Group Business
Unit, Optim Data Studio Tools QA, San Jose, California
(subject firm). The Department’s Notice was published in the
Federal Register on February 2, 2011 (76 FR 5832). The subject
worker group supplies acceptance testing services, design
consulting services, and call center services.
The negative determination of the Trade Adjustment
Assistance petition filed by a State of California workforce
agent on behalf of workers at the subject firm was based on the
Department’s finding that Criterion (1) has not been met because
the Department did not find that a significant number or
proportion of the workers at IBM, Software Group Business Unit,
Optim Data Studio Tools QA, San Jose, California was totally
or partially separated, or threatened with separation.
29 CFR 90 defines “significant number or proportion of the
workers” to mean “(a) In most cases, the total or partial
separations, or both, in a firm or appropriate subdivision
thereof, are the equivalent to a total of unemployment of five
percent (5 percent) of the workers or 50 workers, whichever is
less; or (b) At least three workers in a firm (or appropriate
subdivision thereof) with a workforce of fewer than 50 workers.”
In his request for reconsideration, a worker stated that “I
was an employee of Information Management Group where . . . over
100+ employees have been let go from this particular group . . .
In my specific HPU group (High Performance Unload tooling group)
I was the only full time employee working in the USA validating
the quality of this produce running Acceptance testing.” The
request for reconsideration included a diagram that shows that
“HPU tooling” is a group within “Information Management,” which
is a unit within the “Software Division” of IBM.
New information obtained from the subject firm during the
reconsideration investigation shows that the Optim Data Studio
Tools QA unit is a subset of the Quality Assurance Group, which is
part of the Software Group Business Unit of IBM, and that the HPU
Tooling Group is a project handled by members of the Quality
Assurance Group rather than a distinct subgroup of IBM. As such,
the Department determines that the subject worker group consists of
workers of IBM, Software Group Business Unit, Quality Assurance
Group, San Jose, California.
During the reconsideration investigation, the Department
received information that there was only one worker separation
within the subject worker group and that no workers of the subject
worker group was threatened with separation (partial or total), as
defined by 29 CFR 90. Rather, the new information obtained during
the reconsideration investigation revealed that employment within
the Quality Assurance Group (San Jose, California facility)
increased in 2010 from 2009 levels.
Pursuant to 29 CFR 90.18(c), reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
After careful review of the administrative record and new
information collected during the reconsideration investigation, the
Department determines that, in light of the new information, the
determination complained of is not erroneous; that the
determination complained of is no based on a mistake in the
determination of facts not previously considered; and that there
has not been a misinterpretation of facts or of the law.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of
International Business Machines (IBM), Software Group Business
Unit, Quality Assurance Group, San Jose, California.
Signed in Washington, D.C., on this 22nd day of August, 2011
/s/ Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,554
INTERNATIONAL BUSINESS MACHINES (IBM)
SOFTWARE GROUP BUSINESS UNIT
OPTIM DATA STUDIO TOOLS QA
SAN JOSE, CALIFORNIA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated November 29, 2010, a worker and a state
workforce official requested administrative reconsideration of the
Department of Labor's negative determination regarding eligibility
to apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The denial notice
was signed on October 29, 2010, and was published in the Federal
Register on November 17, 2010 (75 FR 70296).
The negative determination of the TAA petition filed on behalf
of workers at International Business Machines (IBM), Software
Group Business Unit, Optim Data Studio Tools QA, San Jose,
California was based on the finding that that Criterion (1) has not
been met because fewer than three workers were separated from Optim
Data Studio Tools QA and further separations are not threatened.
In the request for reconsideration the petitioner stated that
there were three more additional IBM employees working on the
relevant product within the Data Studio Tools QA on a part-time
basis and that the development for this product was shifted to a
foreign country.
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the petitioning workers meet the eligibility requirements of the
Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 21st day of January 2011
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,554
INTERNATIONAL BUSINESS MACHINES (IBM)
SOFTWARE GROUP BUSINESS UNIT
OPTIM DATA STUDIO TOOLS QA
SAN JOSE, CALIFORNIA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated November 29, 2010, a worker and a state
workforce official requested administrative reconsideration of the
Department of Labor's negative determination regarding eligibility
to apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The denial notice
was signed on October 29, 2010, and was published in the Federal
Register on November 17, 2010 (75 FR 70296).
The negative determination of the TAA petition filed on behalf
of workers at International Business Machines (IBM), Software
Group Business Unit, Optim Data Studio Tools QA, San Jose,
California was based on the finding that that Criterion (1) has not
been met because fewer than three workers were separated from Optim
Data Studio Tools QA and further separations are not threatened.
In the request for reconsideration the petitioner stated that
there were three more additional IBM employees working on the
relevant product within the Data Studio Tools QA on a part-time
basis and that the development for this product was shifted to a
foreign country.
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the petitioning workers meet the eligibility requirements of the
Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 21st day of January 2011
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
- 8 -