Petitioner Type: State
Impact Date: 04/22/2007
Filed Date: 04/23/2008
Most Recent Update: 05/15/2008
Determination Date: 05/15/2008
Expiration Date: 05/15/2010
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,236
AVAYA, INC.
UNIFIED COMMUNICATIONS DIVISION
INFORMATION SOLUTIONS ORGANIZATION
WESTMINSTER, COLORADO
TA-W-63,236A
INCLUDING EMPLOYEES OF AVAYA, INC., UNIFIED COMMUNCATIONS
DIVISION, INFORMATION SOLUTIONS ORGANIZATION
WESTMINSTER, COLORADO
WORKING IN MILPITAS, CALIFORNIA
Amended Certification Regarding Eligibility
to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on May 15, 2008,
applicable to workers of Avaya, Inc., Unified Communications
Division, Information Solutions Organization, Westminster,
Colorado. The notice was published in the Federal Register on
May 29, 2008 (73 FR 30977).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of master technical manuals, other
information products and localized software.
New information shows that worker separations have occurred
involving employees working in support of the of the Westminster,
Colorado facility of the subject firm located in Milpitas,
California. Ms. Jennifer Allen and Ms. Shirley Tsang provided a
variety of services supporting the production of master technical
manuals, other information products and localized software at the
Westminster, Colorado location of the subject firm. The
Department has determined that Ms. Jennifer Allen and Ms. Shirley
Tsang were sufficiently under the control of the Westminster,
Colorado location to be covered under this certification.
Based on these findings, the Department is amending this
certification to include employees in support of the firm’s
Westminster, Colorado facility located in Milpitas, California.
The intent of the Department’s certification is to include
all workers of Avaya, Inc., Unified Communications Division,
Information Solutions Organization, Westminster, Colorado who
were adversely affected by increased imports following a shift in
production to India and Czech Republic.
The amended notice applicable to TA-W-63,236 is hereby issued as
follows:
"All workers of Avaya, Inc., Unified Communications
Division, Information Solutions Organization,
Westminster, Colorado (TA-W-63,236) including employees
in support of Avaya, Inc., Unified Communications
Division, Information Solutions Organization,
Westminster, Colorado located in Milpitas, California
(TA-W-63,236A), who became totally or partially
separated from employment on or after April 22, 2007,
through May 15, 2010, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 23rd day of September 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-63,236
AVAYA, INC.
UNIFIED COMMUNICATIONS DIVISION, INFORMATION SOLUTIONS
ORGANIZATION
WESTMINSTER, COLORADO
Certification 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on April 23, 2008 in response
to a petition filed by a company official on behalf of workers at
Avaya, Inc., Unified Communications Division, Information Solutions
Organization, Westminster, Colorado. The workers produce master
technical manuals, other information products and localized
software.
The subject firm shifted production of master technical
manuals, other information products, localized software to India
and Czech Republic which impacted subject firm workers during the
relevant period. It is likely that the company will increase
imports of master technical manuals, other information products and
localized software.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to India and Czech Republic
of articles that are like or directly competitive with those
produced by the subject firm or subdivision, and there has been or
is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Avaya, Inc., Unified Communications Division,
Information Solutions Organization, who became totally or
partially separated from employment on or after April 22, 2007
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C., this 15th of May 2008
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-63,236
AVAYA, INC.
UNIFIED COMMUNICATIONS DIVISION
INFORMATION SOLUTIONS ORGANIZATION
WESTMINSTER, COLORADO
TA-W-63,236A
INCLUDING EMPLOYEES OF AVAYA, INC., UNIFIED COMMUNCATIONS
DIVISION, INFORMATION SOLUTIONS ORGANIZATION
WESTMINSTER, COLORADO
WORKING IN MILPITAS, CALIFORNIA
Amended Certification Regarding Eligibility
to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on May 15, 2008,
applicable to workers of Avaya, Inc., Unified Communications
Division, Information Solutions Organization, Westminster,
Colorado. The notice was published in the Federal Register on
May 29, 2008 (73 FR 30977).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of master technical manuals, other
information products and localized software.
New information shows that worker separations have occurred
involving employees working in support of the of the Westminster,
Colorado facility of the subject firm located in Milpitas,
California. Ms. Jennifer Allen and Ms. Shirley Tsang provided a
variety of services supporting the production of master technical
manuals, other information products and localized software at the
Westminster, Colorado location of the subject firm. The
Department has determined that Ms. Jennifer Allen and Ms. Shirley
Tsang were sufficiently under the control of the Westminster,
Colorado location to be covered under this certification.
Based on these findings, the Department is amending this
certification to include employees in support of the firm’s
Westminster, Colorado facility located in Milpitas, California.
The intent of the Department’s certification is to include
all workers of Avaya, Inc., Unified Communications Division,
Information Solutions Organization, Westminster, Colorado who
were adversely affected by increased imports following a shift in
production to India and Czech Republic.
The amended notice applicable to TA-W-63,236 is hereby issued as
follows:
"All workers of Avaya, Inc., Unified Communications
Division, Information Solutions Organization,
Westminster, Colorado (TA-W-63,236) including employees
in support of Avaya, Inc., Unified Communications
Division, Information Solutions Organization,
Westminster, Colorado located in Milpitas, California
(TA-W-63,236A), who became totally or partially
separated from employment on or after April 22, 2007,
through May 15, 2010, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 23rd day of September 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-63,236
AVAYA, INC.
UNIFIED COMMUNICATIONS DIVISION, INFORMATION SOLUTIONS
ORGANIZATION
WESTMINSTER, COLORADO
Certification 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on April 23, 2008 in response
to a petition filed by a company official on behalf of workers at
Avaya, Inc., Unified Communications Division, Information Solutions
Organization, Westminster, Colorado. The workers produce master
technical manuals, other information products and localized
software.
The subject firm shifted production of master technical
manuals, other information products, localized software to India
and Czech Republic which impacted subject firm workers during the
relevant period. It is likely that the company will increase
imports of master technical manuals, other information products and
localized software.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to India and Czech Republic
of articles that are like or directly competitive with those
produced by the subject firm or subdivision, and there has been or
is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Avaya, Inc., Unified Communications Division,
Information Solutions Organization, who became totally or
partially separated from employment on or after April 22, 2007
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C., this 15th of May 2008
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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