DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,267
LUCENT TECHNOLOGIES, INC.
ENGINEERING DEPARTMENT
ALPHARETTA, GEORGIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of June 21, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on May 28, 2004
and published in the Federal Register on June 17, 2004 (69 FR
33941).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or


(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The TAA petition, filed on behalf of workers at Lucent
Technologies, Inc., Engineering Department, Alpharetta, Georgia,
was denied because the worker group did not produce an article
within the meaning of Section 222 of the Act, and their work was
not directly related to the production of an article by Lucent
Technologies.
In the request for reconsideration, the petitioner stated
that the subject facility provided engineering support and were
directly involved in the production of integrated systems,
including circuit boards and cable harnesses at the previously
certified facility known as Lucent Technologies, Bell Labs
Innovations, OKS Works, Oklahoma City, Oklahoma.
Upon the review of the above allegation the Department
determined that Lucent Technologies, Bell Labs Innovations, OKS
Works, Oklahoma City, Oklahoma, was indeed certified eligible for
TAA in April of 2002 (TA-W-40,197). However, this facility ceased
its production at the end of 2001, well beyond the relevant time
period. The relevant period for this investigation stretches
back one year from the date of the petition, or February 10,
2003. In order for workers to be considered eligible for TAA, the
worker group seeking certification must work for a “firm” or
subdivision that produces an article domestically, and production
must have occurred within the relevant period of the
investigation.
A review of the original investigation revealed that the
workers of the subject facility did not support domestic
production of any affiliated facilities of Lucent Technologies
during the relevant time period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C., this 12th day of July, 2004
/s/ Linda G. Poole

__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance