DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,308

INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM)
GTS STORAGE DEVELOPMENT
SERVICE PLANNING APPLICATION DEVELOPMENT
GTS LABS
GTS TECHNOLOGY INNOVATION & AUTOMATION
GTS INFRASTRUCTURE SERVICES
GLOBAL TECHNOLOGY SERVICES DIVISION (GTS)
INCLUDING ON-SITE LEASED WORKERS FROM COLLABERA
ARMONK, NEW YORK

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 October 6, 2016 by a state workforce office on behalf of
workers of International Business Machines Corporation (IBM),
specifically, the GTS Storage Development, Service Planning
Application Development worker group, which reports to GTS Labs,
which reports to GTS Technology Innovation & Automation, which
reports to GTS Infrastructure Services, which reports to Global
Technology Services Division (GTS), including on-site leased
workers Collabera, Armonk, New York [herein referred to as
“International Business Machines Corporation (IBM)”]. The
workers at the subject firm are engaged in activities related to
the supply of software development and support services.
Specifically, the subject worker group is engaged in
activities related to the supply of software development services
to automate activities, including building virtual servers and
tracking tape cartridges. The worker group writes the software,
tests the software, and supports the software in the field.
During the course of the investigation, information was
collected from the petitioner and the 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
International Business Machines Corporation (IBM).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International Business
Machines Corporation (IBM), specifically, the GTS Storage
Development, Service Planning Application Development worker
group, which reports to GTS Labs, which reports to GTS
Technology Innovation & Automation, which reports to GTS
Infrastructure Services, which reports to Global Technology
Services Division (GTS), including on-site leased workers
Collabera, Armonk, New York, who are engaged in activities
related to the supply of software development and support
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 International Business Machines Corporation
(IBM), specifically, the GTS Storage Development, Service
Planning Application Development worker group, which
reports to GTS Labs, which reports to GTS Technology
Innovation & Automation, which reports to GTS
Infrastructure Services, which reports to Global Technology
Services Division (GTS), including on-site leased workers
from Collabera, Armonk, New York, who became totally or
partially separated from employment on or after October 6,
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 27th day of October 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance