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TAW-95984  /  Computer Operations Technology Solution Design and Sectors (Armonk, NY)

Petitioner Type: Workers
Impact Date: 06/11/2019
Filed Date: 06/12/2020
Most Recent Update: 09/15/2020
Determination Date: 09/15/2020
Expiration Date: 09/15/2022

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,984

COMPUTER OPERATIONS TECHNOLOGY SOLUTION DESIGN AND SECTORS
GLOBAL TECHNOLOGY SERVICES DIVISION
A SUBSIDIARY OF IBM
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 June 12, 2020 on behalf of workers and former workers of
Computer Operations Technology Solution Design and Sectors,
Global Technology Services Division, a subsidiary of IBM,
Armonk, New York (IBM-Computer Operations Technology Solution
Design and Sectors). Workers of IBM-Computer Operations
Technology Solution Design and Sectors are engaged in activities
related to the supply of system administration and technical
support services. The subject worker group (IBM-Computer
Operations Technology Solution Design and Sectors) does not
include on-site leased workers.
During the course of the investigation, information was
collected from the petition and the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at IBM-Computer Operations
Technology Solution Design and Sectors 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 services like or
directly competitive with the system administration and technical
support services supplied by the subject worker group which
contributed importantly to worker group separations at IBM-
Computer Operations Technology Solution Design and Sectors.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM-Computer Operations
Technology Solution Design and Sectors, who are engaged in
activities related to the supply of system administration and
technical 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 of Computer Operations Technology Solution
Design and Sectors, Global Technology Services Division, a
subsidiary of IBM, Armonk, New York, who became totally or
partially separated from employment on or after June 11,
2019, 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 15th day of September 2020.

/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance