DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,415

INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM)
IBM ANALYTICS
DKJA, TIMA AND MYGA DEPARTMENTS
SOMERS, 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 November 15, 2016 by a state workforce office on behalf
of workers of International Business Machines Corporation (IBM),
IBM Analytics, DKJA, TIMA and MYGA Departments, Somers, 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 for Industry and Enterprise customers globally.
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 acquired from a foreign country services like or directly
competitive with services 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), IBM Analytics, DKJA, TIMA and MYGA
Departments, Somers, New York, who are engaged in activities
related to the supply of software development and support
services for Industry and Enterprise customers globally 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), IBM Analytics, DKJA, TIMA and MYGA Departments,
Somers, New York, who became totally or partially separated
from employment on or after November 14, 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 10th day of January 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance