[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54800-54801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22562]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-74,554]


International Business Machines (IBM), Software Group Business 
Unit, Quality Assurance Group, San Jose, California; Notice of Negative 
Determination on Reconsideration

    On January 21, 2011, the Department of Labor (Department) issued an 
Affirmative Determination Regarding Application for Reconsideration for 
the workers and former workers of International Business Machines 
(IBM), Software Group Business Unit, Optim Data Studio Tools QA, San 
Jose, California (subject firm). The Department's Notice was published 
in the Federal Register on February 2, 2011 (76 FR 5832). The subject 
worker group supplies acceptance testing services, design consulting 
services, and call center services.
    The negative determination of the Trade Adjustment Assistance 
petition filed by a State of California workforce agent on behalf of 
workers at the subject firm was based on the Department's finding that 
Criterion (1) has not been met because the Department did not find that 
a significant number or proportion of the workers at IBM, Software 
Group Business Unit, Optim Data Studio Tools QA, San Jose, California 
was totally or partially separated, or threatened with separation.
    29 CFR 90 defines ``significant number or proportion of the 
workers'' to mean ``(a) In most cases, the total or partial 
separations, or both, in a firm or appropriate subdivision thereof, are 
the equivalent to a total of unemployment of five percent (5 percent) 
of the workers or 50 workers, whichever is less; or (b) At least three 
workers in a firm (or appropriate subdivision thereof) with a workforce 
of fewer than 50 workers.''
    In his request for reconsideration, a worker stated that ``I was an 
employee of Information Management Group where * * * over 100+ 
employees have been let go from this particular group * * * In my 
specific HPU group (High Performance Unload tooling group) I was the 
only full time employee working in the U.S.A. validating the quality of 
this produce running Acceptance testing.'' The request for 
reconsideration included a diagram that shows that ``HPU tooling'' is a 
group within ``Information Management,'' which is a unit within the 
``Software Division'' of IBM.
    New information obtained from the subject firm during the 
reconsideration investigation shows that the Optim Data Studio Tools QA 
unit is a subset of the Quality Assurance Group, which is part of the 
Software Group Business Unit of IBM, and that the HPU Tooling Group is 
a project handled by members of the Quality Assurance Group rather than 
a distinct subgroup of IBM. As such, the Department determines that the 
subject worker group consists of workers of IBM, Software Group 
Business Unit, Quality Assurance Group, San Jose, California.
    During the reconsideration investigation, the Department received 
information that there was only one worker separation within the 
subject worker group and that no workers of the subject worker group 
was threatened with separation (partial or total), as defined by 29 CFR 
90. Rather, the new information obtained during the reconsideration 
investigation revealed that employment within the Quality Assurance 
Group (San Jose, California facility) increased in 2010 from 2009 
levels.
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    After careful review of the administrative record and new 
information collected during the reconsideration investigation, the 
Department determines that, in light of the new information, the 
determination complained of is not erroneous; that the determination 
complained of is not based on a mistake in the determination of facts 
not previously considered; and that there has not been a 
misinterpretation of facts or of the law.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for

[[Page 54801]]

worker adjustment assistance for workers and former workers of 
International Business Machines (IBM), Software Group Business Unit, 
Quality Assurance Group, San Jose, California.

    Signed in Washington, DC on this 22nd day of August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-22562 Filed 9-1-11; 8:45 am]
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