DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,966

NORTEL NETWORKS
CVAS TEST ORGANIZATION
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 April 21, 2010 on behalf of workers of Nortel
Networks, CVAS Test Organization, Research Triangle Park,
North Carolina. The workers supplied software development and
testing services, and are not separately identifiable by
service supplied within CVAS Test Organization.
Under TA-W-73,066 (issued on April 26, 2010), workers of
the CA23 and 3Z40 Departments at the Research Triangle Park,
North Carolina facility were certified eligible to apply for
Trade Adjustment Assistance (TAA) based on a shift in services
to Vietnam. Workers of the CVAS Test Organization are
separately identifiable from workers covered by an active
certification in the CA23 and 3Z40 Departments.
The investigation revealed that workers of Nortel Networks,
CVAS Test Organization, Research Triangle Park, North
Carolina, who are engaged in employment related to the supply
of software development and testing services, meet the
criteria for certification.
Criterion I has been met because a significant proportion
or number of workers at Nortel Networks, CVAS Test
Organization, Research Triangle Park, North Carolina has been
totally or partially separated, or threatened with such
separation.
Criterion II has been met because Nortel Networks, CVAS
Test Organization, Research Triangle Park, North Carolina has
shifted to a foreign country the supply of services like or
directly competitive with the software development and testing
services supplied by the subject workers.
Criterion III has been met because the shift of software
development and testing services to Vietnam and Canada
contributed importantly to worker group separations at Nortel
Networks, CVAS Test Organization, Research Triangle Park,
North Carolina.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nortel Networks, CVAS
Test Organization, Research Triangle Park, North Carolina, who
are engaged in employment related to the supply of software
development 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 Nortel Networks, CVAS Test Organization,
Research Triangle Park, North Carolina, who became totally
or partially separated from employment on or after April
19, 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 15th day of July, 2010

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