Certified
« back to search results

TAW-74675  /  International Business Machines (IBM) (Hartford, CT)

Petitioner Type: State
Impact Date: 08/27/2009
Filed Date: 09/29/2010
Most Recent Update: 11/18/2010
Determination Date: 11/18/2010
Expiration Date: 11/18/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,675
INTERNATIONAL BUSINESS MACHINES (IBM)
WORKING ON-SITE AT THE HARTFORD INSURANCE COMPANY
HARTFORD, CONNECTICUT

TA-W-74,675A
INTERNATIONAL BUSINESS MACHINES (IBM)
WORKING ON-SITE AT THE HARTFORD INSURANCE COMPANY
SIMSBURY, CONNECTICUT

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 29, 2010, by a State Workforce Office on
behalf of workers of International Business Machines (IBM),
working on-site at The Hartford Insurance Company, Hartford,
Connecticut (TA-W-74,675); and International Business Machines
(IBM), working on-site at The Hartford Insurance Company,
Simsbury, Connecticut (TA-W-74,675A) (IBM). The workers
provide data center services.
The investigation revealed that workers of IBM, who are
engaged in employment related to data center services, meet
the criteria for certification.
Criterion I has been met because a significant proportion
of workers at the firm 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 International Business Machines (IBM),
working on-site at The Hartford Insurance Company, Hartford,
Connecticut (TA-W-74,675); and International Business Machines
(IBM), working on-site at The Hartford Insurance Company,
Simsbury, Connecticut (TA-W-74,675A).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International
Business Machines (IBM), working on-site at The Hartford
Insurance Company, Hartford, Connecticut (TA-W-74,675); and
International Business Machines (IBM), working on-site at The
Hartford Insurance Company, Simsbury, Connecticut (TA-W-
74,675A), who are engaged in employment related to data center
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),
working on-site at The Hartford Insurance Company,
Hartford, Connecticut (TA-W-74,675); and International
Business Machines (IBM), working on-site at The Hartford
Insurance Company, Simsbury, Connecticut (TA-W-74,675A),
who became totally or partially separated from employment
on or after August 27, 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 18th day of November, 2010



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