DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,694

AVAYA, INC
MANUFACTURING, PROCUREMENT, AND LOGISTICS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES, PS
PARTNER SOLUTIONS, LTD, AND EXCEED RESOURCES
WESTMINSTER, 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 28, 2009 on behalf of workers of Avaya, Inc.,
Manufacturing, Procurement, and Logistics Division,
Westminster, Colorado (Avaya, Inc). The workers provide
manufacturing, procurement, and logistic services internally
to Avaya, Inc. The worker group includes on-site leased workers
from Kelly Services, PS Partner Solutions, LTD, and Exceed
Resources, Inc. The petitioners allege that the manufacturing
and services of the firm have shifted to China, Singapore, and
Taiwan.
The investigation revealed that workers of Avaya, Inc. who
are engaged in employment related to management, procurement,
and logistic services meet the criteria for certification.
Criterion I has been met because at least 5 percent of
the workers were separated from employment in January through
April of 2009 when compared to the same time period of the
previous year.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country services like or directly
competitive with services supplied by the workers.
Criterion III has been met because the acquisition of
management, procurement, and logistic services from Singapore
by Avaya, Inc., contributed importantly to worker group
separations at Avaya, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avaya, Inc.,
Manufacturing, Procurement, and Logistics Division,
Westminster, Colorado, who are engaged in employment related to
management, procurement, and logistic services 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., Manufacturing, Procurement,
and Logistics Division, including on-site leased workers
from Kelly Services, PS Partner Solutions, LTD, and
Exceed Resources, Inc., Westminster, Colorado, who became
totally or partially separated from employment on or after
May 26, 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 22nd day of July, 2009.


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