Certified
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TAW-74614  /  International Business Systems (IBM) (Denver, CO)

Petitioner Type: Workers
Impact Date: 09/09/2009
Filed Date: 09/10/2010
Most Recent Update: 12/16/2010
Determination Date: 12/16/2010
Expiration Date: 12/16/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,614

INTERNATIONAL BUSINESS SYSTEMS (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
XCEL ENERGY ACCOUNT
DENVER, COLORADO

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 September 10, 2010, on behalf of workers of
International Business Machines (IBM), Global Technology
Services Delivery Division, Xcel Energy Account, Denver,
Colorado. The workers provide information technology services.
The investigation revealed that workers of IBM, Global
Technology Services Delivery Division, Xcel Energy Account,
Denver, Colorado, who are engaged in employment related to
information technology services, meet the criteria for
certification.
Criterion I has been met because a significant proportion
of the workers have been totally or partially 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 information technology
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 IBM, Global Technology Services Delivery
Division, Xcel Energy Account, Denver, Colorado.
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, Xcel Energy Account, Denver, Colorado, who are
engaged in employment related to information technology
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, Xcel Energy
Account, Denver, Colorado, who became totally or partially
separated from employment on or after September 9, 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 16th day of December, 2010


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