DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,492

AVAYA, INC.
LEADERSHIP & OPS TS&D
WORLDWIDE SERVICES
ALSO KNOWN AS AVAYA GLOBAL SERVICES
INCLUDING TELEWORKERS WORKING AT VIRTUAL OFFICES (VO)
THROUGHOUT THE UNITED STATES
WESTMINSTER, COLORADO

TA-W-73,492A

AVAYA, INC.
LEADERSHIP & OPS TS&D
WORLDWIDE SERVICES
ALSO KNOWN AS AVAYA GLOBAL SERVICES
COPPELL, TEXAS

TA-W-73,492B

AVAYA, INC.
LEADERSHIP & OPS TS&D
WORLDWIDE SERVICES
ALSO KNOWN AS AVAYA GLOBAL SERVICES
MILPITAS, CALIFORNIA

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 February 18, 2010 on behalf of workers of Avaya, Inc.,
Worldwide Services, also known as Avaya Global Services,
Leadership & Ops TS&D, including teleworkers working at
virtual offices (VO) throughout the United States,
Westminster, Colorado (TA-W-73,492); Avaya, Inc., Worldwide
Services, also known as Avaya Global Services, Leadership &
Ops TS&D, Coppell, Texas (TA-W-73,492A) and Avaya, Inc.,
Worldwide Services, also known as Avaya Global Services,
Leadership & Ops TS&D, Milpitas, California (TA-W-
73,492B)(Avaya-TS&D). The workers are engaged in activities
related to the supply of software programming and testing
services.
The investigation revealed that workers of Avaya - TS&D who
are engaged in activities related to software programming and
testing 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 workers' firm
has shifted to a foreign country the supply of services like
or directly competitive with the services supplied by the
workers at the subject firm.
Criterion III has been met because the shift of software
and programming services contributed importantly to worker
group separations at Avaya - TS&D.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avaya, Inc.,
Worldwide Services, also known as Avaya Global Services,
Leadership & Ops TS&D, including teleworkers working at
virtual offices (VO) throughout the United States,
Westminster, Colorado (TA-W-73,492); Avaya, Inc., Worldwide
Services, also known as Avaya Global Services, Leadership &
Ops TS&D, Coppell, Texas (TA-W-73,492A) and Avaya, Inc.,
Worldwide Services, also known as Avaya Global Services,
Leadership & Ops TS&D, Milpitas, California (TA-W-73,492B),
who are engaged in activities related to the supply of software
programming and testing 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., Worldwide Services, also
known as Avaya Global Services, Leadership & Ops TS&D,
including teleworkers working at virtual offices (VO)
throughout the United States, Westminster, Colorado (TA-
W-73,492); Avaya, Inc., Worldwide Services, also known as
Avaya Global Services, Leadership & Ops TS&D, Coppell,
Texas (TA-W-73,492A) and Avaya, Inc., Worldwide Services,
also known as Avaya Global Services, Leadership & Ops
TS&D, Milpitas, California (TA-W-73,492B), who became
totally or partially separated from employment on or after
February 5, 2009, 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 2nd day of June, 2010

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