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TAW-95198  /  IBM Cognitive Applications (Beaverton, OR)

Petitioner Type: State
Impact Date: 09/20/2018
Filed Date: 09/23/2019
Most Recent Update: 10/30/2019
Determination Date: 10/30/2019
Expiration Date: 10/30/2021

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,198

IBM COGNITIVE APPLICATIONS
IBM RESEARCH DIVISION
A SUBSIDIARY OF IBM
BEAVERTON, OREGON

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 September 23, 2019 by a state workforce office on
behalf of workers of IBM Cognitive Applications, IBM Research
division, a subsidiary of IBM, Beaverton, Oregon, (herein
referred as "IBM Cognitive Applications"). The workers' firm is
engaged in activities related to the supply of consulting
services for customers regarding the implementation,
migration, upgrade and troubleshooting of ICS software.
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 a service
like or directly competitive with the service supplied by the
workers which contributed importantly to worker group
separations at IBM Cognitive Applications.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM Cognitive
Applications, IBM Research division, a subsidiary of IBM,
Beaverton, Oregon, who are engaged in activities related to the
supply of consulting services for customers regarding the
implementation, migration, upgrade and troubleshooting of ICS
software 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 Cognitive Applications, IBM Research
division, a subsidiary of IBM, Beaverton, Oregon, who
became totally or partially separated from employment on or
after September 20, 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 30th day of October 2019.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance