Certified
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TAW-73066  /  Nortel Networks (Durham, NC)

Petitioner Type: Workers
Impact Date: 12/09/2008
Filed Date: 12/10/2009
Most Recent Update: 04/26/2010
Determination Date: 04/26/2010
Expiration Date: 04/26/2012

Corrected May 25, 2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,066

NORTEL NETWORKS
DEPARTMENTS CA23 AND 3z40
RESEARCH TRIANGLE PARK, NORTH CAROLINA

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 December 10, 2009 on behalf of workers of Nortel
Networks, Departments CA23 and 3Z40, Research Triangle Park,
North Carolina. The workers supplied software development
services.
The investigation revealed that workers of Nortel Networks
who are engaged in employment related to software development
meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers have been separated.
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.
Criterion III has been met because the shift of software
development services to Turkey by Nortel Networks contributed
importantly to worker group separations at Nortel Networks.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nortel Networks,
Departments CA23 and 3Z40, Research Triangle Park, North
Carolina, who are engaged in employment related to software
development 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, Departments CA23 and
3Z40, Research Triangle Park, North Carolina, who became
totally or partially separated from employment on or after
December 8, 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 26th day of April, 2010


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