Petitioner Type: State
Impact Date: 05/19/2008
Filed Date: 05/22/2009
Most Recent Update: 09/11/2009
Determination Date: 09/11/2009
Expiration Date: 09/11/2011
Employment and Training Administration
TA-W-70, 405
AVAYA INC.
WORLDWIDE SERVICES GROUP
GLOBAL SUPPORT SERVICES (GSS) ORGANIZATION
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH NORTEL NETWORKS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES INC., P/S PARTNER SOLUTIONS LTD.,
EXCEED RESOURCES INC., REAL SOFT, INFORQUEST CONSULTING
GROUP, CCSI INC., ICONMA LLC, MGD CONSULTING, INC.,
CASE INTERACTIVE LLC, SAPPHIRE TECHNOLOGIES
HIGHLANDS RANCH, COLORADO
INCLUDING EMPLOYEES IN SUPPORT OF AVAYA, INC.,
WORLDWIDE SERVICES GROUP,
GLOBAL SUPPORT SERVICES (GSS) ORGANIZATION
HIGHLANDS RANCH, COLORADO OPERATING OUT OF THE FOLLOWING
STATES:
TA-W-70,405A
FLORIDA
TA-W-70,405B
CALIFORNIA
TA-W-70,405C
SOUTH CAROLINA
TA-W-70,405D
ALABAMA
TA-W-70,405E
MICHIGAN
TA-W-70,405F
ARIZONA
TA-W-70,405G
OHIO
TA-W-70,405H
PENNSYLVANIA
TA-W-70,405I
NORTH CAROLINA
TA-W-70,405J
COLORADO
TA-W-70,405K
NEW YORK
TA-W-70,405L
MARYLAND
TA-W-70,405M
GEORGIA
TA-W-70,405N
NEW JERSEY
TA-W-70,405O
INDIANA
TA-W-70,405P
TENNESSEE
TA-W-70,405Q
WISCONSIN
TA-W-70,405R
OREGON
TA-W-70,405S
MISSISSIPPI
TA-W-70,405T
ILLINOIS
TA-W-70,405U
TEXAS
TA-W-70,405V
IOWA
TA-W-70,405W
OKLAHOMA
TA-W-70,405X
WASHINGTON
TA-W-70,405Y
SOUTH DAKOTA
TA-W-70,405Z
NEVADA
TA-W-70,405AA
NEW HAMPSHIRE
TA-W-70,405BB
MONTANA
TA-W-70,405CC
VIRGINIA
TA-W-70,405DD
MASSACHUSETTS
TA-W-70,405EE
CONNECTICUT
TA-W-70,405FF
NEBRASKA
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on September 11, 2009, applicable to workers of Avaya
Inc., Worldwide Services Group, Global Support Services (GSS)
Organization, including on-site leased workers from Kelly
Services Inc., P/S Partner Solutions Ltd., Exceed Resources Inc.,
Real Soft, InfoQuest Consulting Group, CCSI Inc., ICONMA LLC, MGD
Consulting, Inc., Case Interactive LLC., and Sapphire
Technologies, Highlands Ranch, Colorado. The notice was
published in the Federal Register on November 5, 2009 (74 FR
57338). The notice was amended on March 17, 2010 and May 6,
2010. The notices were published in the Federal Register on
April 1, 2010 (75 FR 16512-16513) and May 20, 2010 (75 FR 28298),
respectively.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
provide technical support for communication systems.
New information shows that some workers separated from
employment at Avaya, Inc., Worldwide Services Group, Global
Support Services (GSS) Organization had their wages reported
through a separate unemployment insurance (UI) tax account under
the name Nortel Networks and Avaya, Inc.
Based on these findings, the Department is amending this
certification to include workers whose unemployment (UI) wages
are reported through Nortel Enterprises and Avaya, Inc.
The amended notice applicable to TA-W-70,405 is hereby
issued as follows:
"All workers of Avaya Inc., Worldwide Services Group, Global
Support Services (GSS) Organization, including workers whose
unemployment insurance (UI) wages are reported through
Nortel Enterprises, Inc., and Avaya, Inc., including on-site
leased workers from Kelly Services Inc., P/S Partner
Solutions Ltd., Exceed Resources Inc., Real Soft, InfoQuest
Consulting Group, CCSI Inc., ICONMA LLC, MGD Consulting,
Inc., Case Interactive LLC., and Sapphire Technologies,
Highlands Ranch, Colorado (TA-W-70,405), including employees
in support of Avaya Inc., Worldwide Services Group, Global
Support Services (GSS) Organization Highlands Ranch,
Colorado working off-site in the states of Florida (TA-W-
70,405A), California (TA-W-70,405B), South Carolina (TA-W-
70,405C), Alabama (TA-W-70,405D), Michigan (TA-W-70,405E),
Arizona (TA-W-70,405F), Ohio (TA-W-70,405G), Pennsylvania
(TA-W-70,405H), North Carolina (TA-W-70,405I), Colorado (TA-
W-70,405J), New York (TA-W-70,405K), Maryland (TA-W-
70,405L), Georgia (TA-W-70,405M), New Jersey(TA-W-70,405N),
Indiana (TA-W-70,405O), Tennessee (TA-W-70,405P), Wisconsin
(TA-W-70,405Q), Oregon (TA-W-70,405R), Mississippi (TA-W-
70,405S), Illinois (TA-W-70,405T), Texas (TA-W-70,405U),
Iowa (TA-W-70,405V), Oklahoma (TA-W-70,405W), Washington
(TA-W-70,405X), South Dakota (TA-W-70,405Y), Nevada (TA-W-
70,405Z), New Hampshire (TA-W-70,405AA), Montana (TA-W-
70,405BB), Virginia (TA-W-70,405CC), Massachusetts (TA-W-
70,405DD), Connecticut (TA-W-70,405EE), and Nebraska (TA-W-
70,405FF), who became totally or partially separated from
who became totally or partially separated from employment on
or after May 19, 2008, through September 11, 2011, and all
workers in the group threatened with total or partial
separation from employment on date of certification through
two years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 10th day of November 2010.
/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-70,405
AVAYA INC.
WORLDWIDE SERVICES GROUP
GLOBAL SUPPORT SERVICES (GSS) ORGANIZATION
INCLUDING ON-SITE LEASED WORKERS FROM:
KELLY SERVICES INC.
P|S PARTNER SOLUTIONS LTD.
EXCEED RESOURCES INC.
REAL SOFT
INFOQUEST CONSULTING GROUP
CCSI INC.
ICONMA LLC
MGD CONSULTING, INC.
CASE INTERACTIVE LLC.
SAPPHIRE TECHNOLOGIES
HIGHLANDS RANCH, COLORADO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The group eligibility requirements for workers of a firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm.
III. The third criterion requires that the shift/acquisition must
have contributed importantly to the workers’ separation or
threat of separation. See Section 222(a)(2)(B)(ii) of the
Act, 19 U.S.C. § 2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on May 22, 2009 by a One-Stop Operator/Partner on behalf of
workers of Avaya Inc., Worldwide Services Group, Global Support
Services (GSS) Organization, Highlands Ranch, Colorado (Avaya).
The workers provide technical support for communication systems.
The worker group also consisted of on-site leased workers from
Kelly Services Inc., P|S Partner Solutions Ltd., Exceed Resources
Inc., Real Soft, InfoQuest Consulting Group, CCSI Inc., Iconma
LLC., MGD Consulting, Inc., Case Interactive LLC., and Sapphire
Technologies.
The investigation revealed that workers of Avaya who are
engaged in activities related to technical support for
communication systems meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the firm have been separated during the
relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the supply of a service like or
directly competitive with the service supplied by the workers at
the subject firm.
Criterion III has been met because the shift of technical
support for communication systems by Avaya contributed
importantly to worker group separations at Avaya.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avaya Inc., Worldwide
Services Group, Global Support Services (GSS) Organization,
Highlands Ranch, Colorado, who are engaged in employment related
to technical support for communication systems meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
“All workers of Avaya Inc., Worldwide Services Group, Global
Support Services (GSS) Organization, Highlands Ranch,
Colorado, including on-site leased workers from Kelly
Services Inc., P|S Partner Solutions Ltd., Exceed Resources
Inc., Real Soft, InfoQuest Consulting Group, CCSI Inc.,
Iconma LLC., MGD Consulting, Inc., Case Interactive LLC.,
and Sapphire Technologies, who became totally or partially
separated from employment on or after May 19, 2008, through
two years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on date of certification through two years from the
date of certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended.”
Signed in Washington, D.C., this 11th day of September, 2009
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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