DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,563

BROCADE COMMUNICATIONS SYSTEMS, INC
SAN JOSE, CALIFORNIA

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 February 11, 2005 in
response to a petition filed by a state agency representative on
behalf of workers of Brocade Communications Systems, Inc, San Jose,
California. The workers at the subject facility performed a
variety of administrative and engineering services. Specific job
functions include management, fiancé and accounting, marketing,
engineering R&D, general administration, and corporate development.
The subject facility is the United States headquarters for Brocade
Communications Systems, Inc
The investigation revealed that Brocade Communications
Systems, Inc 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. These
engineering and administrative workers 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 assis-
tance (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
Brocade Communications Systems, Inc., San Jose, California 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 16th day of March 2005.



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