DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,802

LUCENT TECHNOLOGIES
RESEARCH & DEVELOPMENT DIVISION
"SDHLR TEAM" ONLY
COLUMBUS, OHIO

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and


C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on May 16, 2003 in response
to a petition filed on behalf of workers at Lucent Technologies,
Research & Development Division (SDHLR Team), Columbus, Ohio.
The workers produce computer software/hardware telecommunication
systems.
The investigation revealed that criteria (I.C) and (II.C)
have not been met.
The investigation revealed that there were no company
imports of computer software/hardware telecommunication systems,
nor was there a shift in production of computer software/
hardware telecommunication systems from the Columbus, Ohio plant
to a foreign country under a free trade agreement with the
United States.
Conclusion
After careful review, I determine that workers producing
computer software/hardware telecommunication systems at Lucent
Technologies, Research & Development Division (SDHLR Team),
Columbus, Ohio, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.

Signed at Washington, D.C., this 25th day of June, 2003.

/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance