Petitioner Type: Workers
Impact Date:
Filed Date: 06/10/2005
Most Recent Update: 07/14/2005
Determination Date: 07/14/2005
Expiration Date:
Employment and Training Administration
TA-W-57,360
LUCENT TECHNOLOGIES, INC.
NETWORK SOLUTIONS GROUP
COLUMBUS, OHIO
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 June 10, 2005 in response
to a petition filed on behalf of workers of Lucent Technologies,
Inc., Network Solutions Group, Columbus, Ohio. The workers of the
subject facility are non-production employees who provide
telecommunications services. More specifically, the workers create
and modify engineering specifications, material lists, installation
instructions and records. These services contribute to the
deployment of telecommunications equipment to customer networks.
The investigation revealed that the subject facility 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 petitioning 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 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,
Inc., Network Solutions Group, Columbus, Ohio 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 14th day of July 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance