DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,486

LUCENT TECHNOLOGIES, INC.
IMERGE SOFTWARE DEVELOPMENT AND TESTING GROUP
PHOENIX, ARIZONA

Negative Determinations 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 February 3, 2005 in
response to a petition filed on behalf of workers of Lucent
Technologies, Inc., iMerge Software Development and Testing Group,
Phoenix, Arizona. The worker group designed, developed and tested
software to be used in the company's iMerge product (a hardware
telecommunications switch used by phone carriers).
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 domestically, and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision.
Petitioners allege that the separations in the iMerge Software
Development and Testing Group are directly attributable to a shift
to Brazil of the work performed by this group at the Phoenix
facility. The investigation revealed that software development and
testing services were shifted to Brazil. This shift to Brazil,
however, did not involve a shift in the production of any hardware
- a shift of services abroad is not a basis for TAA certification.
Furthermore, the software developed and tested in Brazil is
transmitted to the United States via electronic means (i.e. via the
internet) and not via a physical medium such as a CD-ROM.
The investigation also revealed that although the software
designed and developed by the subject facility supports the iMerge
product, that product is assembled, and the subject division's
software is loaded onto it, by an unaffiliated domestic contractor.
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 can
not be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of Lucent
Technologies, Inc., iMerge Software Development and Testing Group,
Phoenix, Arizona 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 8th day of March 2005.

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