DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,334

IBM CORPORATION
TECHNICAL OPERATIONS
SYSTEMS AND TECHNOLOGY GROUP (STG)
SOFTWARE AND SYSTEMS GROUP
ESSEX JUNCTION AND WILLISTON, VERMONT

TA-W-83,334A

IBM CORPORATION
DIVISION 47-GLOBAL PROCUREMENT DIVISION (GPD)
INTEGRATED SUPPLY CHAIN (ISC)
SYSTEMS AND TECHNOLOGY GROUP (STG)
SOFTWARE AND SYSTEMS GROUP
INCLUDING ON-SITE LEASED WORKERS OF
LJ GONZER ASSOCIATES AND MANPOWER
ESSEX JUNCTION AND WILISTON, VERMONT

TA-W-83,334B

IBM CORPORTATION
POWER SYSTEMS TECHNOLOGY
ENTERPRISE SYSTEMS AND TECHNOLOGY DEVELOPMENT
DEVELOPMENT AND MANUFACTURING DIVISION (D&M)
SYSTEMS AND TECHNOLOGY GROUP (STG)
SOFTWARE AND SYSTEMS GROUP
ESSEX JUNCTION AND WILLISTON, VERMONT

TA-W-83,334C

IBM CORPORATION
GAME CHIP DESIGN
OEM MICROPROCESSORS
ENTERPRISE SYSTEMS AND TECHNOLOGY DEVELOPMENT
DEVELOPMENT AND MANUFACTURING DIVISION (D&M)
SYSTEMS AND TECHNOLOGY GROUP (STG)
SOFTWARE AND SYSTEMS GROUP
ESSEX JUNCTION AND WILLISTON, VERMONT




TA-W-83,334D

IBM CORPORATION
200 MM MANUFACTURING
MICRO ELECTRONICS DIVISIOIN
DEVELOPMENT AND MANUFACTURING DIVISION (D&M)
SYSTEMS AND TECHNOLOGY GROUP (STG)
SOFTWARE AND SYSTEMS GROUP
INCLUDING ON-SITE LEASED WORKERS OF
LJ GONZER ASSOCIATES AND MANPOWER
ESSEX JUNCTION AND WILLISTON, VERMONT

TA-W-83,334E

IBM CORPORATION
200 MM ENABLEMENT
200 MM ENGINEERING AND MANUFACTURING
MICRO ELECTRONICS DIVISIOIN
DEVELOPMENT AND MANUFACTURING DIVISION (D&M)
SYSTEMS AND TECHNOLOGY GROUP (STG)
SOFTWARE AND SYSTEMS GROUP
ESSEX JUNCTION AND WILLISTON, VERMONT

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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 criteria must be met:
The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(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.
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) (I) imports of articles or services like or
directly competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly competitive
with articles into which the component part produced by the
workers' firm was directly incorporated have increased; OR
(II)(bb) imports of articles like or directly competitive
with articles which are produced directly using the
services supplied by the workers' firm have increased; OR
(III) imports of articles directly incorporating component
parts not produced in the U.S. that are like or directly
competitive with the article into which the component part
produced by the workers' firm was directly incorporated
have increased.
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the
acquisition of articles or services described in clause
(i)(II) contributed importantly to such workers' separation
or threat of separation.

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 or service 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."
29 CFR 90.2 states: "Group means three or more workers in
a firm or an appropriate subdivision thereof."
29 CFR 90.2 states: "Significant number or proportion of
the workers means that: (a) In most cases the total or partial
separations, or both, in a firm or appropriate subdivision
thereof, are the equivalent to a total unemployment of five
percent (5 percent) of the workers or 50 workers, whichever is
less; or (b) At least three workers in a firm (or appropriate
subdivision thereof) with a work force of fewer than 50 workers
would ordinarily have to be affected."
29 CFR 90.16(b)(3) states: "the term contributed
importantly means a cause which is important but not necessarily
more important than any other cause."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption or
threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material injury
or threat thereof under section 705(b)(1)(A) or
735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C.
1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the President by
the International Trade Commission under section 202(f)(1)
with respect to the affirmative determination described in
paragraph (1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).


The investigation was initiated in response to a petition
filed on December 26, 2013 by the State of Vermont on behalf of
"IBM employees in the state of Vermont" (Williston and Essex
Junction, Vermont) who are engaged in the "design, production,
manufacture of computer hardware." The subject worker groups,
as identified in the heading of the document, are hereafter
collectively referred to as IBM-Vermont. The workers' firm, IBM
Corporation, is engaged in activities related to the production
of a variety of electronic items and technologies, and the
supply of related services. The workers at the Williston and
Essex Junction, Vermont facilities are separately identifiable
by article produced and by service supplied. The Global
Procurement Division (TA-W-83,334A) and the 200 mm Manufacturing
(TA-W-83,334D) groups include on-site leased workers. The other
four worker groups do not include any on-site leased workers.
IBM Corporation workers who are eligible to apply for Trade
Adjustment Assistance (TAA) under TA-W-82,839 are not eligible
to apply for TAA under the immediate determination.
During the investigation, the Department solicited
information from the petitioner, workers separated from IBM-
Vermont, and IBM Corporation regarding the separations within
the subject worker groups, IBM's major declining customers, and
IBM's operations at Essex Junction, Vermont, Williston, Vermont,
and other locations.
29 CFR 90.16(d) states: "The certification shall specific
in detail: (1) The firm or subdivision thereof at which the
workers covered by the certification have been employed (which
need not be limited to the unit specified in the petition)."
With regards to the workers covered by TA-W-83,334
(Technical Operations), the Department determines that the
worker group criteria has been met because a significant number
or proportion of the workers in the subject worker group has
become totally or partially separated, or are threatened with
total or partial separation, there has been a shift in a portion
of the supply of information technology test system control and
support services to a foreign country, and the shift in supply
has contributed importantly to the separations within the
Technical Operations group.
With regards to the workers covered by TA-W-83,334A (Global
Procurement Division), the Department determines that the worker
group criteria has been met because a significant number or
proportion of the workers in the subject worker group has become
totally or partially separated, or are threatened with total or
partial separation, there has been a foreign acquisition of like
or directly competitive services from a foreign country, and the
foreign acquisition of these services has contributed
importantly to the separations within the Global Procurement
Division group.
With regards to the workers covered by TA-W-83,334B (Power
Systems Technology), the Department determines that although a
significant number or proportion of the workers in the subject
worker group has become totally or partially separated, the
predominant cause for the subject workers' separations is the
consolidation of the supply of services to an existing IBM
Corporation domestic facility.
With regards to the workers covered by TA-W-83,334C (Game
Chip Design), the Department determines that although a
significant number or proportion of the workers in the subject
worker group has become totally or partially separated, the
predominant cause for the subject workers' separations is the
elimination of this function by IBM Corporation.
With regards to workers covered by TA-W-83,334D (200 mm
Manufacturing), the Department determines that the worker group
criteria has been met because a significant number or proportion
of the workers in the subject worker group has become totally or
partially separated, or are threatened with total or partial
separation, that sales and/or production within this subject
group has declined, that imports of like or directly competitive
articles have increased during the relevant period, and that the
increased imports contributed importantly to worker separations
within the 200 mm Manufacturing group.
With regards to workers covered by TA-W-83,334E (200 mm
Enablement), the Department determines that the worker group
criteria has been met because a significant number or proportion
of the workers in the subject worker group has become totally or
partially separated, or are threatened with total or partial
separation, there has been a shift in a portion of the
production of design kits to a foreign country, and the shift in
production has contributed importantly to the separations within
the 200 mm Enablement group.
Conclusion
After careful review of the fact obtained in the
investigation, I determine that, with regards to two worker
groups, the requirements of Section 222 of the Act, 19 U.S.C.
Section 2272, have not been met and, therefore, deny the
petition for group eligibility of IBM Corporation, Power Systems
Technology (TA-W-83,334B) and Game Chip Design (TA-W-83,334C),
Essex Junction and Williston, Vermont, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
Section 2273.
After careful review of the facts obtained in the
investigation, I determine that several worker groups of IBM
Corporation, Essex Junction and Williston, Vermont, 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, Technical Operations (TA-
W-83,333), Global Procurement Division, including on-site
leased workers of LJ Gonzer Associates and Manpower (TA-W-
83,334A), 200 mm Manufacturing (TA-W-83,334D), and 200 mm
Enablement (TA-W-83,334E), including on-site leased workers
of LJ Gonzer Associates and Manpower, Essex Junction and
Williston, Vermont, who became totally or partially
separated from employment on or after December 24, 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 7th day of March, 2014

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