Certified
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TAW-71090  /  Avaya, Inc., Worldwide Services Group (Denver, CO)

Petitioner Type: State
Impact Date: 06/02/2008
Filed Date: 06/09/2009
Most Recent Update: 10/23/2009
Determination Date: 10/23/2009
Expiration Date: 10/23/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,090

AVAYA, INC.
WORLDWIDE SERVICES GROUP
GLOBAL SUPPORT SERVICES (GSS) ORGANIZATION
WESTMINSTER, COLORADO

TA-W-71,090A

AVAYA, INC.
WORLDWIDE SERVICES GROUP
GLOBAL SUPPORT SERVICES (GSS) ORGANIZATION
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 June 9, 2009 by a state workforce office on behalf of
workers of Avaya, Inc., Worldwide Services Group, Global
Support Services (GSS) Organization, Westiminster, Colorado
(TA-W-71,090) (Avaya - Westminster) and Avaya, Inc., Worldwide
Services Group, Global Support Services (GSS) Organization,
Highlands Ranch, Colorado (TA-W-71,090A) (Avaya - Highlands
Ranch). The workers provide technical support for
communication systems.
The investigation revealed that workers of Avaya -
Westminster who are engaged in employment related to technical
support for communication systems meet the criteria for
certification.
Criterion I has been met because a significant number 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 - Westminster
contributed importantly to worker group separations at Avaya -
Westminster.
Regarding workers of Avaya, Inc., Worldwide Services
Group, Global Support Services (GSS) Organization, Highlands
Ranch, Colorado (TA-W-71,090A), the workers are covered by an
active certification, (TA-W-70,405) which expires on September
11, 2011. Consequently, further investigation in this case
would serve no purpose, and the investigation has been
terminated.
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, Westminster, Colorado, (TA-W-71,090) 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, Westminster,
Colorado, who became totally or partially separated from
employment on or after June 2, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on the 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 23rd day of October, 2009

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance