DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,340

NORTEL NETWORKS
ADAPTIVE APPLICATION ENGINE DEPARTMENT
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 September 18, 2009 on behalf of workers of Nortel
Networks, Adaptive Applications Engine Department (AAE),
Richardson, Texas. The workers provide development and testing of
networking software.
The investigation revealed that workers of the Nortel Networks
AAE Richardson facility who are engaged in activities related to
the development and testing of networking software meet the
criteria for certification.
Criterion I has been met because a significant proportion of
workers have been separated during the relevant period.
Criterion II has been satisfied because the worker's firm
has shifted the supply of services like or directly competitive
with the services provided by the workers to foreign countries.
Criterion III has been met because the shift of services
to Canada, Turkey and Vietnam by Nortel Networks has
contributed importantly to worker group separations at the
Richardson, Texas facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nortel Networks,
Adaptive Applications Engine Department, Richardson, Texas, who are
engaged in employment related to the development and testing of
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, Adaptive Applications Engine
Department, Richardson, Texas, who became totally or partially
separated from employment on or after September 17, 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 14th day of January, 2010

/s/ Michael W. Jaffe

______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance