DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,303

ALCATEL USA RESOURCES
VND SIGNALING SYSTEMS PRODUCTS DIVISION
PLANO, TEXAS

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 January 7, 2005, in
response to a petition filed by on behalf of workers of Alcatel
USA Resources, VND Signaling Systems Products Division, Plano,
Texas. The workers at subject firm were engaged in software
development (prototypes) for products of VND Signaling Systems
manufactured at an affiliated facility in Mexico.
The predominant cause of layoff at the subject site was due
to a transfer in software development to India. Furthermore,
the Alcatel facility in Mexico will continue to produce the VND
Signaling Systems products.
The investigation also revealed that Alcatel USA Resources,
VND Signaling Systems Products Division, Plano, Texas, 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
software development engineers do not support a firm or
appropriate subdivision that produces an article domestically
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
Alcatel USA Resources, VND Signaling Systems Products Division,
Plano, Texas 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 adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 11th day of March, 2005.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance