DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,717

NORTEL NETWORKS
BILLERICA, MASSACHUSETTS

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, results of its investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The investigation was initiated on December 5, 2003, in
response to a petition filed on behalf of workers at Nortel
Networks, Billerica, Massachusetts. The workers were engaged in
testing software products under development.
The investigation revealed that the workers in this facility
do not produce an article within the meaning of Section 222 of the
Act. The Department of Labor has consistently determined that the
performance of services does not constitute production of an
article, as required by Section 222 of the Trade Act of 1974, and
this determination has been upheld in the U.S. Court of Appeals.






Workers of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from their firm or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification, and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for the worker at this facility.
Conclusion
After careful review, I determine that all workers of Nortel
Networks, Billerica, Massachusetts are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C., this 15th day of December 2003.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance