Petitioner Type: Union
Impact Date:
Filed Date: 05/12/2004
Most Recent Update: 06/23/2004
Determination Date: 06/23/2004
Expiration Date:
Employment and Training Administration
TA-W-54,903
NORTEL NETWORKS
GLOBAL OPERATIONS, SUPPLY MANAGEMENT DIVISON
RESEARCH TRIANGLE PARK, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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 investigation was initiated on May 10, 2004 in response to
a petition filed on behalf of workers of Nortel Networks, Global
Operations, Supply Management Division, Research Triangle Park,
North Carolina. The workers performed business procurement
services. These services involved acquiring goods and services for
the subject firm.
The investigation revealed that Nortel Networks, Global
Operations, Supply Management Division, Research Triangle Park,
North Carolina does not produce an article within the meaning of
Section 222(a)(2) of the Act. In order to be considered eligible
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision.
The investigation revealed that although production of an
article(s) occurred within the firm or appropriate subdivision, the
business procurement service workers described above does not
support this production. The petitioning worker group seeking
certification does not support a firm or appropriate subdivision
that produces an article and thus the worker group can not be
considered import impacted or affected by a shift in production of
an article.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Nortel
Networks, Global Operations, Supply Management Division, Research
Triangle Park, North Carolina are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of June 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance