DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,797

AVAYA INCORPORATED
A SUBSIDIARY OF SIERRA HOLDINGS CORPORATION
BASKING RIDGE, NEW JERSEY

TA-W-63,797A

AVAYA INCORPORATED
A SUBSIDIARY OF SIERRA HOLDINGS CORPORATION
LINCROFT, NEW JERSEY

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 August 4, 2008 in
response to a petition filed by a state representative on behalf
of workers of Avaya Incorporated, a subsidiary of Sierra
Holdings Corporation, Basking Ridge, New Jersey (TA-W-63,797);
Avaya Incorporated, a subsidiary of Sierra Holdings Corporation,
Lincroft, New Jersey (TA-W-63,797A). The workers provide
administrative support for a trade certified affiliate.
The investigation revealed that Avaya Incorporated, a
subsidiary of Sierra Holdings Corporation, Basking Ridge, New
Jersey (TA-W-63,797) provided human resources, finance and legal
support; while Avaya Incorporated, a subsidiary of Sierra
Holdings Corporation, Lincroft, New Jersey (TA-W-63,797A)
provided product development and project management support.
The investigation revealed that the decline in employment
at the subject facilities is related to a shift in production of
master technical manuals by an affiliated facility whose workers
were certified eligible to apply for adjustment assistance.
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 do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine there was a shift in production from
the workers' firm or subdivision to India and Czech Republic, of
articles like or directly competitive with master technical
manuals produced by Avaya Incorporated, a subsidiary of Sierra
Holdings Corporation, 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 Incorporated, a subsidiary of Sierra
Holdings Corporation, Basking Ridge, New Jersey (TA-W-
63,797); Avaya Incorporated, a subsidiary of Sierra
Holdings Corporation, Lincroft, New Jersey (TA-W-63,797A),
who became totally or partially separated from employment
on or after August 1, 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 at Washington, D.C., this 18th day of August 2008

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance