DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,245

IBM CORPORATION
INTEGRATED SUPPLY CHAIN
GLOBAL EXECUTION, GLOBAL MANUFACTURING,
AND CUSTOMER SOLUTIONS CENTER
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER GROUP
ROCHESTER, MINNESOTA

TA-W-83,245A

IBM CORPORATION
POWER FIRMWARE INFORMATION DEVELOPMENT
INCLUDING ON-SITE LEASED WORKER FROM COMPUTER TASK GROUP
ROCHESTER, MINNESOTA

TA-W-83,245B

IBM CORPORATION
CLOUD MANAGEMENT AND POWER PERFORMANCE TESTING AND TOOLING
ROCHESTER, MINNESOTA

TA-W-83,245C

IBM CORPORATION
GLOBAL AMS DELIVERY - PERSONAL COMPUTING DIVISION
ROCHESTER, MINNESOTA

Determinations 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 November 26, 2013 by the Minnesota State Workforce
Office on behalf of workers of IBM Corporation, Integrated Supply
Chain, Global Execution, Global Manufacturing, and Customer
Solutions Center, Rochester, Minnesota (TA-W-83,245); IBM
Corporation, Power Firmware Information Development, Rochester,
Minnesota (TA-W-83,245A); IBM Corporation, Cloud Management and
Power Performance Testing and Tooling, Rochester, Minnesota (TA-
W-83,245B); and IBM Corporation, Global AMS Delivery, Rochester,
Minnesota (TA-W-83,245C). The worker group covered by TA-W-83,245
includes on-site leased workers from Manpower Group. The worker
group covered by TA-W-83,245A includes on-site leased workers
from Computer Task Group.
Workers in the above-named groups are separately
identifiable by article produced and service supplied. Workers
in Integrated Supply Chain, Global Execution, Global
Manufacturing, and Customer Solutions Center (TA-W-83,245) engage
in the production of computer hardware articles. Workers in Power
Firmware Information Development (TA-W-83,245A) engage in the
supply of information development services. Workers in Cloud
Management and Power Performance Testing and Tooling (TA-W-
83,245B) engage in the supply of software project management,
development, and testing. Workers in Global AMS Delivery (TA-W-
83,245C) engage in services related to development of information
technology delivery projects.
During the course of the investigation, information was
collected from the workers’ firm and former workers of the
subject firm.
With regards to the workers of Integrated Supply Chain,
Global Execution, Global Manufacturing, and Customer Solutions
Center covered by TA-W-83,245, the Department determines that
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 production of articles like or directly competitive with the
articles produced by the workers, which contributed importantly
to worker group separations at Integrated Supply Chain, Global
Execution, Global Manufacturing, and Customer Solutions Center.
With regards to workers of Power Firmware Information
Development covered under TA-W-83,245A, the Department determines
that 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 a
portion of the supply of a services like or directly competitive
with the services supplied by the workers, which contributed
importantly to worker group separations in Power Firmware
Information Development.
With regards to workers of Cloud Management and Power
Performance Testing and Tooling covered under TA-W-83,245B,
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 a
portion of the supply of services like or directly competitive
with the services supplied by the workers, which contributed
importantly to worker group separations at Cloud Management and
Power Performance Testing and Tooling.
With regards to workers of Global AMS Delivery covered under
TA-W-83,245C, the investigation revealed that this group does not
meet the definition of a worker group. A worker group consists
of three or more workers. 29 CFR 90 During the period of
investigation, the Global AMS Delivery worker group consisted of
fewer than three workers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that 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,
Global AMS Delivery, Rochester, Minnesota (TA-W-83,245C) to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
I further determine that workers of Integrated Supply Chain,
Global Execution, Global Manufacturing, and Customer Solutions
Center, (TA-W-83,245) who are engaged in activities related to
the production of computer hardware articles; workers of Power
Firmware Information Development (TA-W-83,245A) who are engaged
in activities related to the supply of software project
management; and workers of Cloud Management and Power Performance
Testing and Tooling (TA-W-83,245B) who are engaged in activities
related to the supply of software project management,
development, and testing 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 Integrated Supply Chain, Global Execution,
Global Manufacturing, and Customer Solutions Center,
including on-site leased workers from Manpower Group,
Rochester, Minnesota (TA-W-83,245); Power Firmware
Information Development, including on-site leased workers
from Computer Task Group, Rochester, Minnesota (TA-W-
83,245A); and Cloud Management and Power Performance Testing
and Tooling, Rochester, Minnesota (TA-W-83,245B), who became
totally or partially separated from employment on or after
November 25, 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 31st day of March, 2014

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