Petitioner Type: Workers
Impact Date:
Filed Date: 09/21/2007
Most Recent Update: 11/08/2007
Determination Date: 11/08/2007
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,188
NORTEL NETWORKS CORPORATION
GLOBAL SOFTWARE DELIVERY DIVISION
SITE READINESS GROUP
RESEARCH TRIANGLE PARK, NORTH CAROLINA
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated December 7, 2007, the petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
November 8, 2007 and published in the Federal Register on
November 21, 2007 (72 FR 65607).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative TAA determination issued by the Department for
workers of Nortel Networks Corporation, Global Software Delivery
Division, Site Readiness Group, Research Triangle Park, North
Carolina was based on the finding that the worker group does not
produce an article within the meaning of Section 222 of the Trade
Act of 1974. The investigation revealed that workers of the
subject firm monitored customer’s hardware in preparation for
software upgrades.
The petitioner contends that the Department erred in its
interpretation of the facts and alleges that the company official
provided inaccurate information regarding the core
responsibilities of the workers of the subject firm. The
petitioner further states that workers of the subject firm
“prepare a customer’s communications equipment to receive Nortel
issued “Critical” patches/upgrades necessary for the equipment to
operate within FCC regulated guidelines.” The petitioner
provided contact information for a different company official and
requested further solicitation for all further information from
this official.
On reconsideration, the Department contacted subject firm’s
company official as directed by the petitioner. This company
official confirmed what was revealed in the initial
investigation. The investigation revealed that workers of Nortel
Networks Corporation, Global Software Delivery Division, Site
Readiness Group, Research Triangle Park, North Carolina install
software upgrades to customers’ telecommunication equipment and
that petitioner’s description of the work performed at the
subject firm is correct. Preparation of customer’s communications
equipment and other functions, as described above, are not
considered production of an article within the meaning of Section
222 of the Trade Act. No production took place at the subject
facility and the workers did not support production of articles
at any affiliated firm in the relevant time period.
The petitioner also alleges that jobs have been shifted from
the subject firm to Mexico.
The allegation of a shift to another country might be
relevant if it was determined that workers of the subject firm
produced an article. However, the investigation determined that
workers of Nortel Networks Corporation, Global Software Delivery
Division, Site Readiness Group, Research Triangle Park, North
Carolina do not produce an article within the meaning of Section
222 of the Trade Act of 1974.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed in Washington, D.C., this 10th day of January, 2008
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,188
NORTEL NETWORKS CORPORATION
GLOBAL SOFTWARE DELIVERY DIVISION
SITE READINESS GROUP
RESEARCH TRIANGLE PARK, NORTH CAROLINA
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 September 21, 2007 in
response to a petition filed on behalf of workers at Nortel
Networks Corporation, Global Software Delivery Division, Site
Readiness Group, Research Triangle Park, North Carolina. Workers
monitored customers’ hardware in preparation for software upgrades.
The investigation revealed that the subject group 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 subject worker group works within the
Global Software Delivery Group, which does not produce an article
and thus the worker group can not be considered import impacted or
affected by a shift in production of an article. Other divisions
within Nortel Networks Corporation do produce software, but the
workers separations are unrelated to imports or a shift in
production of software.
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 Nortel Networks
Corporation, Global Software Delivery Division, Site Readiness
Group, Research Triangle Park, North Carolina, 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 November 2007
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-62,188
NORTEL NETWORKS CORPORATION
GLOBAL SOFTWARE DELIVERY DIVISION
SITE READINESS GROUP
RESEARCH TRIANGLE PARK, NORTH CAROLINA
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated December 7, 2007, the petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
November 8, 2007 and published in the Federal Register on
November 21, 2007 (72 FR 65607).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative TAA determination issued by the Department for
workers of Nortel Networks Corporation, Global Software Delivery
Division, Site Readiness Group, Research Triangle Park, North
Carolina was based on the finding that the worker group does not
produce an article within the meaning of Section 222 of the Trade
Act of 1974. The investigation revealed that workers of the
subject firm monitored customer’s hardware in preparation for
software upgrades.
The petitioner contends that the Department erred in its
interpretation of the facts and alleges that the company official
provided inaccurate information regarding the core
responsibilities of the workers of the subject firm. The
petitioner further states that workers of the subject firm
“prepare a customer’s communications equipment to receive Nortel
issued “Critical” patches/upgrades necessary for the equipment to
operate within FCC regulated guidelines.” The petitioner
provided contact information for a different company official and
requested further solicitation for all further information from
this official.
On reconsideration, the Department contacted subject firm’s
company official as directed by the petitioner. This company
official confirmed what was revealed in the initial
investigation. The investigation revealed that workers of Nortel
Networks Corporation, Global Software Delivery Division, Site
Readiness Group, Research Triangle Park, North Carolina install
software upgrades to customers’ telecommunication equipment and
that petitioner’s description of the work performed at the
subject firm is correct. Preparation of customer’s communications
equipment and other functions, as described above, are not
considered production of an article within the meaning of Section
222 of the Trade Act. No production took place at the subject
facility and the workers did not support production of articles
at any affiliated firm in the relevant time period.
The petitioner also alleges that jobs have been shifted from
the subject firm to Mexico.
The allegation of a shift to another country might be
relevant if it was determined that workers of the subject firm
produced an article. However, the investigation determined that
workers of Nortel Networks Corporation, Global Software Delivery
Division, Site Readiness Group, Research Triangle Park, North
Carolina do not produce an article within the meaning of Section
222 of the Trade Act of 1974.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed in Washington, D.C., this 10th day of January, 2008
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,188
NORTEL NETWORKS CORPORATION
GLOBAL SOFTWARE DELIVERY DIVISION
SITE READINESS GROUP
RESEARCH TRIANGLE PARK, NORTH CAROLINA
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 September 21, 2007 in
response to a petition filed on behalf of workers at Nortel
Networks Corporation, Global Software Delivery Division, Site
Readiness Group, Research Triangle Park, North Carolina. Workers
monitored customers’ hardware in preparation for software upgrades.
The investigation revealed that the subject group 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 subject worker group works within the
Global Software Delivery Group, which does not produce an article
and thus the worker group can not be considered import impacted or
affected by a shift in production of an article. Other divisions
within Nortel Networks Corporation do produce software, but the
workers separations are unrelated to imports or a shift in
production of software.
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 Nortel Networks
Corporation, Global Software Delivery Division, Site Readiness
Group, Research Triangle Park, North Carolina, 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 November 2007
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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