Certified
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TAW-74575B  /  International Business Machines (IBM) (Atlanta, GA)

Petitioner Type: Workers
Impact Date: 08/25/2009
Filed Date: 08/30/2010
Most Recent Update: 11/12/2010
Determination Date: 11/12/2010
Expiration Date: 11/12/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,575

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL SALES OPERATIONS ORGANIZATION
SALES AND DISTRIBUTION BUSINESS UNIT
RELATIONS ANALYST AND BAND 8 PROGRAM MANAGER ROLES
ONE TELEWORKER LOCATED IN
CHARLESTON, WEST VIRGINIA

TA-W-74,575A

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL SALES OPERATIONS ORGANIZATION
SALES AND DISTRIBUTION BUSINESS UNIT
RELATIONS ANALYST AND BAND 8 PROGRAM MANAGER ROLES
ONE TELEWORKER LOCATED IN
DALLAS, TEXAS

TA-W-74,575B

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL SALES OPERATIONS ORGANIZATION
SALES AND DISTRIBUTION BUSINESS UNIT
RELATIONS ANALYST AND BAND 8 PROGRAM MANAGER ROLES
TWO TELEWORKERS LOCATED IN
ATLANTA, GEORGIA

TA-W-74,575C

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL SALES OPERATIONS ORGANIZATION
SALES AND DISTRIBUTION BUSINESS UNIT
RELATIONS ANALYST AND BAND 8 PROGRAM MANAGER ROLES
ONE TELEWORKER LOCATED IN
PHOENIX, ARIZONA

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 August 30, 2010, on behalf of workers of International
Business Machines (IBM), Global Sales Operations Organization,
Sales and Distribution Business Unit, Relations Analyst and
Brand 8 Program Manager Roles, including teleworkers,
Charleston, West Virginia (TA-W-74,575); Dallas, Texas (TA-W-
74,575A); Atlanta, Georgia (TA-W-74,575B); and Phoenix,
Arizona (TA-W-74,575C) (IBM). The workers provide Relations
Analyst and Band 8 Program Manager services.
The investigation revealed that workers of IBM, who are
engaged in employment related to Relations Analyst and Band 8
Program Manager services, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the 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
to a foreign country by IBM contributed importantly to worker
group separations at the listed locations.
This certification does not include one of the
petitioning workers located in Louisville, Kentucky. The
investigation established that her separation was not
attributable to a shift of services to a foreign country, or
to another condition that could serve as a basis for
certification. Rather, the investigation established that her
separation was attributable to her job functions being shifted
to other locations within the United States.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International
Business Machines (IBM), Global Sales Operations Organization,
Sales and Distribution Business Unit, Relations Analyst and
Brand 8 Program Manager Roles, including teleworkers,
Charleston, West Virginia (TA-W-74,575); Dallas, Texas (TA-W-
74,575A); Atlanta, Georgia (TA-W-74,575B); and Phoenix,
Arizona (TA-W-74,575C), who are engaged in employment related to
Relations Analyst and Band 8 Program Manager 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 Sales Operations Organization, Sales and
Distribution Business Unit, Relations Analyst and Brand 8
Program Manager Roles, one teleworker located in
Charleston, West Virginia (TA-W-74,575); International
Business Machines (IBM), Global Sales Operations
Organization, Sales and Distribution Business Unit,
Relations Analyst and Brand 8 Program Manager Roles, one
teleworker located in Dallas, Texas (TA-W-74,575A);
International Business Machines (IBM), Global Sales
Operations Organization, Sales and Distribution Business
Unit, Relations Analyst and Brand 8 Program Manager
Roles, two teleworkers located in Atlanta, Georgia (TA-W-
74,575B); International Business Machines (IBM), Global
Sales Operations Organization, Sales and Distribution
Business Unit, Relations Analyst and Brand 8 Program
Manager Roles, one teleworker located in Phoenix, Arizona
(TA-W-74,575C), who became totally or partially separated
from employment on or after August 25, 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 12th day of November, 2010


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