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FORMER EMPLOYEES OF IBM v. U.S. SEC. LABOR

Slip Op. 05-92, Court No. 03-00656.

387 F.Supp.2d 1346 (2005)

FORMER EMPLOYEES OF IBM CORP., GLOBAL SERVICES DIVISION, et. al., Plaintiffs, v. UNITED STATES SECRETARY OF LABOR Defendant.

United States Court of International Trade.

August 1, 2005.

Attorney(s) appearing for the Case

Ivey, Smith & Ramirez, Michael G. Smith, (Jean-Claude Andre) for Plaintiffs.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Patricia M. McCarthy, Assistant Director, (Michael D. Panzera), Trial Attorney, Michael F. Bahler, Trial Attorney, U.S. Department of Justice, Commercial Litigation Branch, Civil Division; Stephen Jones, Office of the Solicitor, U.S. Department of Labor, for Defendant, of counsel.

OPINION

BARZILAY, Judge.

This case concerns a number of software developers (also referred to as "software programmers"), including the 126 petitioning workers who became separated from their employment when their jobs were outsourced by IBM to Canada and India. These same workers, originally AT & T employees, had previously been transferred from the AT & T payroll to IBM with representations that "IBM is a leader in the outsourcing industry, and...

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