DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,146

INTERNATIONAL BUSINESS MACHINES (IBM)
HEADQUARTERS DIVISION GTS/GBS
APPLICATIONS AND INFRASTRUCTURE OPERATIONS MANAGEMENT
OPERATIONS MANAGER TECHNICAL LEADS
INCLUDING OFFSITE TELEWORKERS REPORTING TO
ESSEX JUNCTION, NEW YORK

TA-W-80,146A

INTERNATIONAL BUSINESS MACHINES (IBM)
HEADQUARTERS DIVISION GTS/GBS
APPLICATIONS AND INFRASTRUCTURE OPERATIONS MANAGEMENT
OPERATIONS MANAGER TECHNICAL LEADS
INCLUDING OFFSITE TELEWORKERS REPORTING TO
POUGHKEEPSIE, NEW YORK

TA-W-80,146B

INTERNATIONAL BUSINESS MACHINES (IBM)
HEADQUARTERS DIVISION GTS/GBS
APPLICATIONS AND INFRASTRUCTURE OPERATIONS MANAGEMENT
OPERATIONS MANAGER TECHNICAL LEADS
INCLUDING OFFSITE TELEWORKERS REPORTING TO
CHARLESTOWN, WEST VIRGINIA

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated May 4, 2011, resulted in
a negative determination, issued on August 10, 2011, that was based
on the finding that the workers at the subject firm do not
produce an article. The negative determination was applicable to
workers and former workers of International Business Machines
(IBM), Headquarters Division GTS/GBS Applications and
Infrastructure Operations Management, Operations Manager
Technical Leads, offsite teleworkers, Armonk, New York. The
notice of negative determination was published in the Federal
Register on September 2, 2011 (76 FR 54797). The workers’ firm is
engaged in activities related to the supply of information
technology services. The subject worker group is comprised
completely of off-site teleworkers.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the subject
worker group consists of workers and former workers of IBM,
Headquarters Division GTS/GBS Applications and Infrastructure
Operations Management, Operations Manager Technical Leads,
including offsite teleworkers reporting to, Essex Junction, New
York (TA-W-80,146), Poughkeepsie, New York (TA-W-80,146A), and
Charlestown, West Virginia (TA-W-80146B).
Based on a careful review of information during the
reconsideration investigation, the Department determines that the
preponderance of the employment decline at each of the afore-
mentioned locations is due to a shift in services to a foreign
country.
Section 222(a)(1) has been met because a significant number
or proportion of the workers within IBM, Headquarters Division
GTS/GBS Applications and Infrastructure Operations Management,
Operations Manager Technical Leads, have become totally or
partially separated, or are threatened to become totally or
partially separated.
Section 222(a)(2)(B) has been met because IBM has shifted to
a foreign country the supply of a service like or directly
competitive with the service supplied by IBM, Headquarters
Division GTS/GBS Applications and Infrastructure Operations
Management, Operations Manager Technical Leads, which contributed
importantly to worker group separations at the Essex Junction,
New York location, the Poughkeepsie, New York location, and the
Charlestown, West Virginia location.
Conclusion
After careful review on reconsideration, I determine that
workers and former workers of IBM, Headquarters Division GTS/GBS
Applications and Infrastructure Operations Management, Operations
Manager Technical Leads, Essex Junction, New York (TA-W-80,146),
Poughkeepsie, New York (TA-W-80,146A), and Charlestown, West
Virginia (TA-W-80,146B), who are engaged in employment related to
the supply of 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),
Headquarters Division GTS/GBS Applications and
Infrastructure Operations Management, Operations Manager
Technical Leads, including offsite teleworkers reporting to,
Essex Junction, New York (TA-W-80,146), International
Business Machines (IBM), Headquarters Division GTS/GBS
Applications and Infrastructure Operations Management,
Operations Manager Technical Leads, including offsite
teleworkers reporting to Poughkeepsie, New York (TA-W-
80,146A), and International Business Machines (IBM),
Headquarters Division GTS/GBS Applications and
Infrastructure Operations Management, Operations Manager
Technical Leads, including offsite teleworkers reporting to,
Charlestown, West Virginia (TA-W-80,146A), who became totally
or partially separated from employment on or after May 2,
2010, through two years from the date of this certification,
and all workers in the group threatened with total or partial
separation from employment on December 20, 2011 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 22nd day of November, 2011

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,146

INTERNATIONAL BUSINESS MACHINES (IBM)
HEADQUARTERS DIVISION GTS/GBS
APPLICATIONS AND INFRASTRUCTURE OPERATIONS MANAGEMENT
OPERATIONS MANAGER TECHNICAL LEADS
INCLUDING OFFSITE TELEWORKERS
ARMONK, NEW YORK

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 such workers' firm, or
an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or
partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article that was the basis for such
certification; and

(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on May 4, 2011, by a State Workforce Office on behalf of
workers of International Business Machines (IBM), Headquarters
Division GTS/GBS Applications and Infrastructure Operations
Management, Operations Manager Technical Leads, including offsite
teleworkers, Armonk, New York. The workers’ firm is engaged in
activities related to the supply of information technology
services.
The petitioner alleges that the worker separations are due
to services being shifted to a foreign country. During the course
of the investigation, information was collected from the workers’
firm.
With respect to Section 222(a)(2)(A)(iii), the investigation
revealed that the worker separations are not attributable to
increased imports of articles.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the worker separations are not
attributable to a shift in production of articles by the workers’
firm to a foreign country. Rather, the investigation confirmed
that the worker separations are attributable to a shift of services
by the workers’ firm to a foreign country.
With respect to Section 222(b), the investigation confirmed
that the firm is not a Supplier or Downstream Producer to a firm
that employed a TAA-certified worker group.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of International
Business Machines (IBM), Headquarters Division GTS/GBS
Applications and Infrastructure Operations Management, Operations
Manager Technical Leads, including offsite teleworkers, Armonk,
New York, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, as amended, and are
also denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 10th day of August, 2011


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




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