Denied
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TAW-65696  /  Alcatel-Lucent (Plano, TX)

Petitioner Type: Union
Impact Date:
Filed Date: 03/30/2009
Most Recent Update: 05/07/2009
Determination Date: 05/07/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,696

ALCATEL-LUCENT
PURCHASING 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 March 30, 2009, in response to
a petition filed by a state agency representative on behalf of
workers of Alcatel-Lucent, Purchasing Department, Plano, Texas.
The workers are buyer/planners, primarily placing purchase orders
and managing supplier purchase orders for just-in-time delivery.
The investigation revealed that the Alcatel-Lucent, Purchasing
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 buyer/planners do not support a firm or appropriate subdivision
that produces an article domestically and 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 Alcatel-Lucent,
Purchasing 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.
Signed in Washington, D.C., this 7th day of May 2009

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