Certified
« back to search results

TAW-94488  /  IBM, Inc. (Endicott, NY)

Petitioner Type: State
Impact Date: 01/25/2018
Filed Date: 01/28/2019
Most Recent Update: 04/05/2019
Determination Date: 04/05/2019
Expiration Date: 04/05/2021

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,488

IBM, INC.
GLOBAL TECHNOLOGY SERVICES DIVISION
INCLUDING LEASED WORKERS FROM CDI CORPORATION/ARTECH
ENDICOTT, 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 January 28, 2019 by a state workforce office on behalf
of workers of IBM, Inc., Global Technology Services Division,
including leased workers from CDI Corporation/Artech,
Endicott, New York (IBM). The workers' firm is engaged in
activities related to the supply of cloud migration services
including consulting, project management and managed services.
During the course of the investigation, information was
collected from 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 a portion of the supply of
services like or directly competitive with the services by the
workers which contributed importantly to worker group
separations at IBM.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM, Inc., Global
Technology Services Division, including leased workers from
CDI Corporation/Artech, Endicott, New York, who are engaged in
activities related to the supply of cloud migration services
including consulting, project management and managed 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 IBM, Inc., Global Technology Services
Division, including leased workers from CDI
Corporation/Artech, Endicott, New York, who became totally
or partially separated from employment on or after January
25, 2018 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 5th day of April 2019.

/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance