DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,244

INTERNATIONAL BUSINESS MACHINES (IBM) CORPORATION
SYSTEMS AND TECHNOLOGY GROUP
SYSTEMS SOFTWARE DEVELOPMENT ORGANIZATIONS
Z/OS APPLICATION ENABLING TECHNOLOGIES
POUGHKEEPSIE, NEW YORK

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:
(1) a significant number or proportion of the
workers in such workers' firm have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers’ separation or
threat of separation.

The investigation was initiated in response to a petition
filed on January 18, 2012 on behalf of workers of International
Business Machines (IBM) Corporation, Systems and Technology
Group, Systems Software Development Organization, Z/OS
Application Enabling Technologies, Poughkeepsie, New York
(IBM). The workers’ firm is engaged in activities related to
the supply of software development and testing services.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers’ firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers’
firm has shifted to a foreign country the supply of a service
like or directly competitive with the software development and
testing services supplied by the workers which contributed
importantly to worker group separations at IBM.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International
Business Machines (IBM) Corporation, Systems and Technology
Group, Systems Software Development Organization, Z/OS
Application Enabling Technologies, Poughkeepsie, New York, who
are engaged in activities related to the supply of software
development and testing 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)
Corporation, Systems and Technology Group, Systems
Software Development Organization, Z/OS Application
Enabling Technologies, Poughkeepsie, New York, who became
totally or partially separated from employment on or after
February 13, 2010, 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 3rd day of February, 2012

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance