This is always a source of confusion.
First, IBM has certain people sign a second employment agreement .
In this agreement, they contract names only a couple of companies specifically.
This is legal because you can't argue that "right to work" is being violated. The employee can go to other companies than the ones mentioned. So the contract is not overly burdensome.
The time off is unpaid.
What usually happens is that companies settle their issues, or the court case rolls on long enough that the waiting period expires.