DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,930

IBM CLOUD
TIVOLI NETWORK MANAGEMENT QUALITY ASSURANCE & ID
A SUSBSIDIARY OF IBM
COLORADO SPRINGS, 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 June 16, 2016 by state workforce office on behalf of
workers of IBM Cloud, Tivoli Network Management Quality
Assurance & ID, a subsidiary of IBM, Colorado Springs,
Colorado. The workers' firm is engaged in activities related to
the production of software engineering, developing software for
network integration manager drivers.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
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 an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at IBM Cloud, Tivoli Network Management Quality
Assurance & ID, a subsidiary of IBM, Colorado Springs,
Colorado.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM Cloud, Tivoli
Network Management Quality Assurance & ID, a subsidiary of
IBM, Colorado Springs, Colorado, who are engaged in activities
related to the production of software engineering, developing
software for network integration manager drivers 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 Cloud, Tivoli Network Management
Quality Assurance & ID, a subsidiary of IBM, Colorado
Springs, Colorado, who became totally or partially
separated from employment on or after June 15, 2015 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 11th day of December 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance