DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,341

NORTEL NETWORKS CORPORATION
GLOBAL ORDER FULFILLMENT
RESEARCH TRIANGLE PARK, NORTH CAROLINA

Notice of Negative Determination
Regarding Application for Reconsideration

By application postmarked February 4, 2008, three
petitioners 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 January 16, 2008 and published in the
Federal Register on February 1, 2008 (73 FR 6213).
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 Order Fulfillment,
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 petitioner states that the determination document
incorrectly describes activities performed by the workers of the
subject firm. The petitioner states that the workers fulfilled
customer orders for telecommunications network “solutions” and
not “software.”
The change in the description of the activities from
“software” to “solutions” does not change the fact that the
workers of the subject firm do not produce an article and do not
directly support production of any kind. The investigation
revealed that the workers of the subject firm receive, monitor
the progression and process customer orders, collect data and
ensure its accuracy and fulfillment. These activities do not
constitute production of an article within the meaning of Section
222 of the Trade Act of 1974.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
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 25th day of March 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-62,341

NORTEL NETWORKS CORPORATION
GLOBAL ORDER FULFILLMENT
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 October 23, 2007 in
response to a petition filed on behalf of workers at Nortel
Networks Corporation, Global Order Fulfillment, Research Triangle
Park, North Carolina. Workers monitor and ensure the fulfillment of
customers’ orders for telecommunications network software.
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 investigation revealed that although
production of an article(s) occurred within the firm or appropriate
subdivision, workers monitoring and ensuring the fulfillment of
customers’ orders do not support this production. Thus the worker
group cannot 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 Nortel Networks
Corporation, Global Order Fulfillment, 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 16th day of January 2008


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





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