Certified
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TAW-91258  /  International Business Machines (IBM) (Denver, CO)

Petitioner Type: State
Impact Date: 12/22/2014
Filed Date: 12/23/2015
Most Recent Update: 08/22/2016
Determination Date: 02/20/2016
Expiration Date: 02/20/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,258

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES (GTS)
INCLUDING ON-SITE LEASED WORKERS FROM
COLLABERA, APC WORKFORCE SOLUTIONS,
ARTECH, CDI, AND INFINITE
DENVER, COLORADO

TA-W-91,258A

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES (GTS)
INCLUDING ON-SITE LEASED WORKERS FROM
COLLABERA, ARTECH, CDI, AND INFINITE
ENDICOTT, NEW YORK

TA-W-91,258B

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES (GTS)
INCLUDING ON-SITE LEASED WORKERS FROM
COLLABERA, ARTECH, CDI, AND INFINITE
OMAHA, NEBRASKA

Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on February 20, 2016, applicable to
workers of International Business Machines (IBM), Global
Technology Services (GTS) division, including on-site leased
workers from Collabera, APC Workforce Solutions, Artech, CDI,
and Infinite, Denver, Colorado (TA-W-91258) (herein known as
“IBM - GTS”). The Department’s notice of determination was
published in the Federal Register on March 24, 2016 (81 FR
15748).
During the investigation, it was revealed that the worker
group for TA-W-91,870 and TA-W-91,258 belong to the same subject
firm. As a result, the Department reviewed the certification for
workers of the subject firm. The workers at the subject firm
were engaged in activities related to the supply of information
technology services (storage engineering, middleware database,
and server administration) for a client’s account.
The investigation confirmed that worker separations at
International Business Machines (IBM), Global Technology
Services (GTS) division, including on-site leased workers from
Collabera, Artech, CDI, and Infinite, Endicott, New York (TA-W-
91258A) and International Business Machines (IBM), Global
Technology Services (GTS) division, including on-site leased
workers from Collabera, Artech, CDI, and Infinite, Omaha,
Nebraska (TA-W-91258B) were due to an acquisition of services
from a foreign country.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
the shift in services from a foreign country the supply of
services that is like or directly competitive to the services
supplied by the workers of the subject firm.
The amended notice applicable to TA-W-91,258, TA-W-91,258A,
and TA-W-91,350B is hereby issued as follows:
"All workers from International Business Machines
(IBM), Global Technology Services (GTS) division,
including on-site leased workers from Collabera, APC
Workforce Solutions, Artech, CDI, and Infinite,
Denver, Colorado (TA-W-91258); International Business
Machines (IBM), Global Technology Services (GTS)
division, including on-site leased workers from
Collabera, Artech, CDI, and Infinite, Endicott, New
York (TA-W-91258A); and International Business
Machines (IBM), Global Technology Services (GTS)
division, including on-site leased workers from
Collabera, Artech, CDI, and Infinite, Omaha, Nebraska
(TA-W-91258B) who became totally or partially
separated from employment on or after December 22,
2014 through February 20, 2018, and all workers in the
group threatened with total or partial separation from
employment on 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 22nd day of August 2016.

/s/Hope D. Kinglock
________________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,258

INTERNATIONAL BUSINESS MACHINES (IBM)
GLOBAL TECHNOLOGY SERVICES (GTS)
INCLUDING ON-SITE LEASED WORKERS FROM
COLLABERA, APC WORKFORCE SOLUTIONS,
ARTECH, CDI AND INFINITE
DENVER, COLORADO

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 December 23, 2015 by a state workforce office on behalf
of workers of International Business Machines, Global Technology
Services (GTS) division, including on-site leased workers from
Collabera, APC Workforce Solutions, Artech, CDI, and Infinite,
Denver, Colorado (herein known as "IBM - GTS"). The workers'
firm is engaged in activities related to the supply of information
technology services (storage engineering, middleware database, and
server administration) for a client account.
During the course of the investigation, information was
collected from the petitioner and 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 service supplied by the workers
which contributed importantly to worker group separations at IBM -
GTS.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International Business
Machines (IBM), Global Technology Services (GTS) division,
including on-site leased workers from Collabera, APC Workforce
Solutions, Artech, CDI, and Infinite, Denver, Colorado, who are
engaged in activities related to the supply of information
technology services (storage engineering, middleware database, and
server administration) for a client account 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),
Global Technology Services (GTS) division, including on-
site leased workers from Collabera, APC Workforce
Solutions, Artech, CDI, and Infinite, Denver, Colorado, who
became totally or partially separated from employment on or
after December 22, 2014 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 20th day of February 2016.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance