Certified
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TAW-70897  /  Nortel Networks (Richardson, TX)

Petitioner Type: Workers
Impact Date: 05/21/2008
Filed Date: 06/03/2009
Most Recent Update: 07/15/2009
Determination Date: 07/15/2009
Expiration Date: 07/15/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,897

NORTEL NETWORKS
CNM AND TOOLS RELEASE DIVISION AND NETWORK MANAGEMENT PLATFORM
FORMERLY KNOWN AS
OPERATIONS AND ADMINISTRATION MANAGEMENT
RICHARDSON, TEXAS

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 Nortel Networks, CNM
and Tools Release Division and Network Management Platform,
formerly known as Operations and Administration Management,
Richardson, Texas (Richardson CMP and CNM Facility). The workers
provide development and testing of networking software.
The investigation revealed that workers of the Richardson CMP
and CNM Facility who are engaged in employment related to the
development and testing of networking software meet the criteria
for certification.
Criterion I has been met because a significant portion of
workers has been separated.
Criterion II has been satisfied because the worker's firm is
shifting the supplying of services like or directly competitive
with the services provided by the workers to a foreign country.
Criterion III has been met because the shift of services
related to the development and testing of networking software
to China by Nortel Networks has contributed importantly to
worker group separations at the Richardson CMP and CNM
Facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nortel Networks, CNM and
Tools Release Division and Network Management Platform, formerly
known as Operations and Administration Management, Richardson,
Texas, who are engaged in employment related to the development and
testing of networking software, 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 Nortel Networks, CNM and Tools Release
Division and Network Management Platform, formerly known as
Operations and Administration Management, Richardson, Texas,
who became totally or partially separated from employment on
or after May 21, 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 15th day of July, 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance