Certified
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TAW-94056  /  International Business Machines (IBM) (San Jose, CA)

Petitioner Type: State
Impact Date: 08/09/2017
Filed Date: 08/10/2018
Most Recent Update: 09/28/2018
Determination Date: 09/28/2018
Expiration Date: 09/28/2020

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,056

INTERNATIONAL BUSINESS MACHINES (IBM)
Q01A SUPPLY ASSURANCE
IBM SYSTEMS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
SAN JOSE, CALIFORNIA

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 August 10, 2018 by a state workforce office on behalf
of workers of International Business Machines (IBM), Q01A Supply
Assurance, IBM Systems Division, including on-site workers from
Manpower, San Jose, California (herein referred to as "IBM-Q01A
Supply Assurance"). The workers' firm is engaged in activities
related to the supply of assurance services, which includes
placing purchase orders on suppliers and ensuring all
engineering change (EC) work.
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 supply of assurance
services like or directly competitive with the service supplied
by the workers which contributed importantly to worker group
separations at IBM-Q01A Supply Assurance.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International
Business Machines (IBM), Q01A Supply Assurance, IBM Systems
Division, including on-site workers from Manpower, San Jose,
California, who are engaged in activities related to the supply
of assurance 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 of International Business Machines (IBM), Q01A
Supply Assurance, IBM Systems Division, including on-site
workers from Manpower, San Jose, California, who became
totally or partially separated from employment on or after
August 9, 2017 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 28th day of September 2018.

/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance