[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Notices]
[Pages 32231-32232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13788]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-74,364]


International Business Machines (IBM), Sales and Distribution 
Business Unit, Global Sales Solution Department, Division 91, Off-Site 
Teleworker in Armonk, NY; Notice of Negative Determination on 
Reconsideration

    On April 6, 2011, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of International Business Machines (IBM), Sales and 
Distribution Business Unit, Global Sales Solution Department, off-site 
teleworker, Centerport, New York. The Department's Notice was published 
in the Federal Register on April 14, 2011 (76 FR 21033). The request 
for reconsideration alleges that IBM outsourced to India and China.
    During the reconsideration investigation, it was revealed that the 
subject firm was mischaracterized. During the reconsideration 
investigation, the Department determined that the correct subject firm 
name and location is International Business Machines (IBM), Sales and 
Distribution Business Unit, Global Sales Solution Department, Division 
91, off-site teleworker, Armonk, New York. The subject worker group 
supply computer software development and maintenance services to the 
Sales and Distribution Business Unit within IBM.
    Pursuant to 29 CFR 90.18(c), reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The initial negative determination was based on the findings that 
Section 222(a) and Section 222(c) of the Trade Act of 1974, as amended 
(the Act) have not been satisfied because fewer than three workers were 
totally or partially separated and further separations are not 
threatened. The investigation also revealed that the group eligibility 
requirements under Section 222(f) of the Act have not been satisfied 
because the workers' firm has not been identified by name in an 
affirmative finding of injury by the International Trade Commission.
    29 CFR 90.2 states that a significant number or proportion of the 
workers means at least three (3) workers in a firm (or appropriate 
subdivision thereof) with a workforce of fewer than 50 workers, or five 
(5) percent of the workers or 50 workers, whichever is less, in a 
workforce of 50 or more workers.
    A careful review of the administrative record and additional 
information obtained by the Department during the reconsideration 
investigation confirmed that the group eligibility requirements under 
Section 222(a) and (c) of the Act have not been met because fewer than 
three workers were totally or partially separated from IBM, Sales and 
Distribution Business Unit, Global Sales Solution Department, Division 
91, or threatened with such separation. Moreover, new information 
obtained during the reconsideration investigation confirmed that only 
one person worked within Division 91 of the Sales and Distribution 
Department (working on-site at Armonk, New York or reporting remotely 
to Armonk, New York).

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of International Business Machines 
(IBM), Sales and Distribution Business Unit, Global Sales Solution 
Department,

[[Page 32232]]

Division 91, off-site teleworker, Armonk, New York.

    Signed in Washington, DC, on this 23rd day of May, 2011.
 Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-13788 Filed 6-2-11; 8:45 am]
BILLING CODE 4510-FN-P