Petitioner Type: Workers
Impact Date:
Filed Date: 05/23/2005
Most Recent Update: 07/01/2005
Determination Date: 07/01/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,234
LUCENT TECHNOLOGIES
MULTI-SERVICES SWITCHING
WESTFORD, MASSACHUSETTS
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 23, 2005, in
response to a petition filed on behalf of workers of Lucent
Technologies, Westford, Massachusetts. The investigation
revealed that the official name of the subdivision is Lucent
Technologies, Multi-Services Switching, Westford, Massachusetts.
The workers perform customer service for multi-services
switching. Multi-services switching is the first step that
allows the internet to be available to everyone regardless of
their connection or service provider.
The investigation revealed that Lucent Technologies, Multi-
Services Switching, Westford, Massachusetts, 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
customer service for multi-services switching workers described
above 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 of the facts obtained in the
investigation, I determine that all workers of Lucent
Technologies, Multi-Services Switching, Westford, Massachusetts
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 as amended.
Signed in Washington, D. C. this 1st day of July 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance