DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,252

AVAYA, INC.
TECHNICAL INTEGRATION ORGANIZATION
AVAYA PROFESSIONAL SERVICES
WORLDWIDE SERVICES GROUP
WORKING AT VIRTUAL OFFICES THROUGHOUT THE UNITED STATES
BASKING RIDGE, NEW JERSEY

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 September 9, 2009, on behalf of workers of Avaya,
Inc., Technical Integration Organization, Avaya Professional
Services, Worldwide Services Group, who work from home offices
throughout the United States. The workers provide remote
implementation services concerning telecommunication equipment
and services to North American customers.
Since a significant majority of members of the petitioning
worker group work from what Avaya calls "Virtual Offices" (VO)
throughout the United States and Avaya, Inc. is headquartered in
Basking Ridge, New Jersey, the worker group will be referred to
as "Avaya-VO."
Avaya-VO does not include workers who are covered by:
TA-W-63,236 (Avaya, Inc., Westminster, Colorado);
TA-W-63,236A (Avaya, Inc., Milpitas, California);
TA-W-63,797 (Avaya, Inc., Basking Ridge, New Jersey);
TA-W-63,797A (Avaya, Inc., Lincroft, New Jersey);
TA-W-70,405 (Avaya, Inc., Highlands Ranch, Colorado);
TA-W-70,694 (Avaya, Inc., Westminster, Colorado);
TA-W-71,090 (Avaya, Inc., Westminster, Colorado); or
TA-W-71,090A (Avaya, Inc., Highlands Ranch, Colorado).
The investigation revealed that workers of Avaya-VO who are
engaged in employment related to the supply of remote
implementation of telecommunication equipment and services meet
the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at Avaya-VO have been separated during
the relevant period.
Criterion II has been met because Avaya, Inc. has shifted
to a foreign country the supply of services like or directly
competitive with the services supplied by Avaya-VO.
Criterion III has been met because the shift of services
by Avaya, Inc. to India contributed importantly to worker
group separations at Avaya-VO.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avaya, Inc.,
Technical Integration Organization, Avaya Professional
Services, Worldwide Services Group, working at virtual offices
throughout the United States, Basking Ridge, New Jersey, who
are engaged in employment related to the supply of remote
implementation of telecommunication equipment and 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., Technical Integration
Organization, Avaya Professional Services, Worldwide
Services Group, working at virtual offices throughout the
United States, Basking Ridge, New Jersey, excluding
workers covered under TA-W-63,236, TA-W-63,236A, TA-W-,
63,797, TA-W-63,797A, TA-W-70,405, TA-W-70,694, TA-W-
71,090, and TA-W-71,090A, who became totally or partially
separated from employment on or after May 28, 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 16th day of November, 2009


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance