DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-58,114

ALCATEL USA RESOURCES, INC.
INFORMATION TECHNOLOGY DEPARTMENT
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 October 12, 2005 in
response to a petition filed on behalf of workers of Alcatel USA
Resources, Inc., Information Technology Department, Plano, Texas.
The workers design and develop software, and are involved in
research & development engineering.
The investigation revealed that Alcatel USA Resources, Inc.,
Information Technology Department, 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 engineers 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 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 Alcatel
USA Resources, Inc., Information Technology Department, 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 adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 28th day of November, 2005.



/s/ Richard Church

_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance