Certified
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TAW-74871  /  International Business Machines (IBM) (Warr Acres, OK)

Petitioner Type: Workers
Impact Date: 11/12/2009
Filed Date: 11/15/2010
Most Recent Update: 01/28/2011
Determination Date: 01/28/2011
Expiration Date: 01/28/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,871

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES DELIVERY DIVISION
PRODUCTION CONTROL ANALYST HERTZ MID-RANGE GROUP
OKLAHOMA CITY, OKLAHOMA

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 November 15, 2010, on behalf of workers of
International Business Machines (IBM), Global Technology
Services Delivery Division, Production Control Analyst Hertz
Mid-Range Group, Oklahoma City, Oklahoma. The workers provide
technical support services.
The investigation revealed that workers of IBM who are
engaged in employment related to technical support 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 firm has
shifted to a foreign country the supply of services like or
directly competitive with the services supplied by the firm.
Criterion III has been met because the shift of services
to a foreign country by IBM contributed importantly to worker
group separations at the Oklahoma City, Oklahoma facility.
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, Production Control Analyst Hertz Mid-Range Group,
Oklahoma City, Oklahoma, who are engaged in employment related
to technical support 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, Production
Control Analyst Hertz Mid-Range Group, Oklahoma City,
Oklahoma, who became totally or partially separated from
employment on or after November 12, 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 28th day of January, 2011

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