DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,831

IBM CORPORATION
INTEGRATED SUPPLY CHAIN ENGINEERING
INCLUDING ON-SITE LEASED WORKERS FROM EXPERIS, MANPOWER,
CELESTICA, AND JABIL
POUGHKEEPSIE, NEW YORK

TA-W-82,831A

IBM CORPORATION
SYSTEMS TECHNOLOGY GROUP
PACKAGING DEVELOPMENT
PRODUCT ENGINEERING
HOPEWELL JUNCTION, NEW YORK

TA-W-82,831B

IBM CORPORATION
ENTERPRISE SYSTEMS TECHNICAL SUPPORT
SYSTEMS TECHNOLOGY GROUP
SERVICE PLANNING
INCLUDING ON-SITE LEASED WORKERS FROM
COMPUTER TASK GROUP, INC.
POUGHKEEPSIE, NEW YORK


Determination 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 June 21, 2013 by the New York State Workforce Office on
behalf of workers of IBM Corporation, Integrated Supply Chain
Engineering, Poughkeepsie, New York (TA-W-82,831), IBM
Corporation, Systems Technology Group, Packaging Development,
Product Engineering, Hopewell Junction, New York (TA-W-82,831A),
and IBM Corporation, Systems Technology Group, Service Planning,
Poughkeepsie, New York (TA-W-82,831B).
The subject worker group at TA-W-82,831 includes workers who
supply procurement engineering and manufacturing engineering
services. The subject worker group includes on-site leased
workers from Experis, Manpower, Celestica, and Jabil.
The subject worker group at TA-W-82,831A includes workers who
supply services related to technology development, client
interface, and product development.
The subject worker group at TA-W-82,831B includes workers who
supply technical support services. The subject worker group
contains on-site leased workers from Computer Task Group, Inc.
During the course of the investigation, information was
collected from the workers' firm.
With regards to workers at IBM Corporation, Integrated
Supply Chain Engineering, Poughkeepsie, New York (TA-W-82,831),
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. A significant number or
proportion means at least three workers in a workforce with
fewer than fifty workers or 5% of the workforce in workforce
with at least fifty workers or fifty workers (whichever is
less). 29 CFR 90.2
Section 222(a)(2)(B) has been met because the workers' firm
has shifted to a foreign country a portion of the supply of
services like or directly competitive with the technology
development, client interface, and product development services
supplied by the workers, which contributed importantly to worker
group separations at IBM Corporation, Integrated Supply Chain
Engineering, Poughkeepsie, New York (TA-W-82,831).
With regards to workers of IBM Corporation, Systems
Technology Group, Packaging Development, Product Engineering,
Hopewell Junction, New York (TA-W-82,831A), and IBM Corporation,
Enterprise Systems Technical Support, Systems Technology Group,
Service Planning, Poughkeepsie, New York (TA-W-82,831B), with
respect to Section 222(a)(2)(A)(ii) of the Act, the investigation
revealed that the subject firm did not import during the
relevant time period the services provided by the workers, or
like or directly competitive services. Because the workers
provide services internal to the subject firm's operations, no
customer survey was conducted.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
supply of technology development, client interface, product
development services, or technical support services, or services
like or directly competitive, to a foreign country, or acquire
such services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that IBM Corporation, Systems Technology
Group, Packaging Development, Product Engineering, Hopewell
Junction, New York (TA-W-82,831A), and IBM Corporation,
Enterprise Systems Technical Support, Systems Technology Group,
Service Planning, Poughkeepsie, New York (TA-W-82,831B) is not a
Supplier or act as a 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers' firm has not
been publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that, with regards to workers covered
by petitions TA-W-82,831A and TA-W-82,831B, the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of IBM
Corporation, Systems Technology Group, Packaging Development,
Product Engineering, Hopewell Junction, New York (TA-W-82,831A),
and IBM Corporation, Enterprise Systems Technical Support,
Systems Technology Group, Service Planning, including on-site
leased workers from Computer Task Group, Inc., Poughkeepsie, New
York (TA-W-82,831B) to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
After careful review of the facts obtained in the
investigation, I determine that workers of IBM Corporation,
Integrated Supply Chain Engineering, Poughkeepsie, New York (TA-
W-82,831), who are engaged in activities related to the supply of
procurement engineering and manufacturing engineering 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 IBM Corporation, Integrated Supply Chain
Engineering, including on-site leased workers from Experis,
Manpower, Celestica, and Jabil, Poughkeepsie, New York (TA-
W-82,831), who became totally or partially separated from
employment on or after June 20, 2012 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 4th day of December, 2013

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