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nationwide reinvention of local government projects for all of
their member counties. The CBD department of IBM prepared a bid
that stressed the "Strategic Choices" management techniques. IBM
won the bid for the NACO contract. NACO announced the NACO-IBM
partnership at its national convention in July 1992.
On February 15, 1993, IBM announced to its employees that it
planned to reduce the number of employees in IBM U.S. Marketing
and Services Co. because of staffing dynamics and IBM’s need to
become more competitive and efficient. On or about March 5,
1993, Edward and Kenneth were informed that their jobs as part of
the CBD department had been designated "surplus" (chosen for
permanent layoff). As a result of this decision, Edward and
Kenneth were unable to work on the NACO contract. Thomas was not
part of the CBD department, and his employment was unaffected by
the decision to "surplus" the CBD department.
Beginning around March 24, 1993, Edward and Kenneth
attempted to reverse IBM’s decision to surplus the CBD
department. Thomas did not participate in the attempt. Edward
and Kenneth disagreed with the decision to surplus their
department, arguing that it was a poor business decision that
would be detrimental to IBM. This effort was unsuccessful.
Petitioners have never filed any legal action against IBM.
As part of IBM’s employment reduction efforts, employees
could request to participate in the IBM U.S. Marketing & Services
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