DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,411
AVAYA GLOBAL SERVICES
AOS SERVICE DELIVERY
WORLDWIDE SERVICES GROUP
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH
DIAMONDWARE, LTD AND NORTEL NETWORKS, INC.
INCLUDING WORKERS WORKING AT VIRTUAL OFFICES IN
ARIZONA, CALIFORNIA, FLORIDA, GEORGIA, MAINE, NEW HAMPSHIRE,
NEW YORK, NORTH CAROLINA, TEXAS AND WISCONSIN REPORTING TO
THE NETWORK OPERATIONS CENTER (NOC)
RESEARCH TRIANGLE PARK, NORTH CAROLINA

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on October 20, 2010, applicable to workers of Avaya
Global Services, AOS Service Delivery, including workers whose
wages were reported under DiamondWare, Ltd., including workers
working at virtual offices in Arizona, California, Florida,
Georgia, Maine New Hampshire, New York, North Carolina, Texas,
and Wisconsin reporting to the Network Operations Center (NOC),
Research Triangle Park, North Carolina. The notice was published
in the Federal Register on November 8, 2010 (75 FR 68622).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are related to the supply of service desk/help desk services
providing the first level of technical support to Avaya customers
and make changes and updates to the systems and tools
provided/used by customers in support of their networks.
New information shows that some workers separated from
employment at Avaya Global Services, AOS Service Delivery had
their wages reported through a separate unemployment insurance
(UI) tax account under the name Nortel Networks, Inc. and Avaya
Global Services, AOS Service Delivery
Based on these findings, the Department is amending this
certification to include workers whose unemployment (UI) wages
are reported through Nortel Networks, Inc. and Avaya Global
Services, AOS Service Delivery.


The amended notice applicable to TA-W-74,411 is hereby
issued as follows:
“All workers of Avaya Global Services, AOS Service Delivery,
including workers whose unemployment insurance (UI) wages
were reported through DiamondWare, Ltd. and Nortel Networks,
Inc., and workers working at virtual offices in Arizona,
California, Florida, Georgia, Maine, New Hampshire, New
York, North Carolina, Texas, and Wisconsin reporting to the
Network Operations Center (NOC), Research Triangle Park,
North Carolina (TA-W-74,411); Avaya Global Services, AOS
Service Delivery, including workers whose wages were
reported under DiamondWare, Ltd. and Nortel Networks, Inc.,
Richardson, Texas (TA-W-74,411A); Avaya Global Services, AOS
Service Delivery, including workers whose wages were
reported under DiamondWare, Ltd. And Nortel Networks, Inc.,
Billerica, Massachusetts (TA-W-74,411B); Avaya Global
Services, AOS Service Delivery, including workers whose
wages were reported under DiamondWare, Ltd. And Nortel
Networks, Inc., Santa Clara, California (TA-W-74,411C), who
became totally or partially separated from employment on or
after July 8, 2009, through October 20, 2012, 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 at Washington, D.C. this 11th day of January 2011.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
Of Trade Adjustment Assistance



4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,411

AVAYA GLOBAL SERVICES
AOS SERVICE DELIVERY
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
DIAMONDWARE, LTD.
INCLUDING WORKERS WORKING AT VIRTUAL OFFICES IN
ARIZONA, CALIFORNIA, FLORIDA, GEORGIA, MAINE, NEW HAMPSHIRE,
NEW YORK, NORTH CAROLINA, TEXAS, AND WISCONSIN
REPORTING TO THE NETWORK OPERATIONS CENTER (NOC)
RESEARCH TRIANGLE PARK, NORTH CAROLINA

TA-W-74,411A

AVAYA GLOBAL SERVICES
AOS SERVICE DELIVERY
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
DIAMONDWARE, LTD.
RICHARDSON, TEXAS

TA-W-74,411B

AVAYA GLOBAL SERVICES
AOS SERVICE DELIVERY
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
DIAMONDWARE, LTD.
BILLERICA, MASSACHUSETTS

TA-W-74,411C

AVAYA GLOBAL SERVICES
AOS SERVICE DELIVERY
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
DIAMONDWARE, LTD.
SANTA CLARA, 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 July 20, 2010 on behalf of workers of Avaya Global
Services, AOS Service Delivery, including workers whose wages
were reported under Diamondware, Ltd., and workers working at
virtual offices in Arizona, California, Florida, Georgia,
Maine, New Hampshire, New York, North Carolina, Texas, and
Wisconsin reporting to the Network Operations Center (NOC),
Research Triangle Park, North Carolina (TA-W-74,411); Avaya
Global Services, AOS Service Delivery, including workers whose
wages were reported under Diamondware, Ltd., Richardson, Texas
(TA-W-74,411A); Avaya Global Services, AOS Service Delivery,
including workers whose wages were reported under Diamondware,
Ltd., Billerica, Massachusetts (TA-W-74,411B); Avaya Global
Services, AOS Service Delivery, including workers whose wages
were reported under Diamondware, Ltd., Santa Clara, California
(TA-W-74,411C). The workers are engaged in activities related
to the supply of service desk/help desk services, providing
the first level of technical support to Avaya customers and
making changes and updates to the systems and tools
provided/used by customers in support of their networks.
The investigation revealed that workers of Avaya who are
engaged in activities related to the supply of service desk/help
desk and systems support services meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of workers at the firm have been separated or
threatened with separations during the relevant period.
Criterion II has been satisfied because the workers’ firm
has acquired from 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 acquisition of
service desk/help desk and systems support services by Avaya from
India contributed importantly to worker group separations at
Avaya.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avaya Global Services,
AOS Service Delivery, including workers whose wages were reported
under Diamondware, Ltd., and workers working at virtual offices
in Arizona, California, Florida, Georgia, Maine, New Hampshire,
New York, North Carolina, Texas, and Wisconsin reporting to the
Network Operations Center (NOC), Research Triangle Park, North
Carolina (TA-W-74,411); Avaya Global Services, AOS Service
Delivery, including workers whose wages were reported under
Diamondware, Ltd., Richardson, Texas (TA-W-74,411A); Avaya Global
Services, AOS Service Delivery, including workers whose wages
were reported under Diamondware, Ltd., Billerica, Massachusetts
(TA-W-74,411B); Avaya Global Services, AOS Service Delivery,
including workers whose wages were reported under Diamondware,
Ltd., Santa Clara, California (TA-W-74,411C), who are engaged in
activities related to the supply of service desk/help desk
services providing the first level of technical support to Avaya
customers and making changes and updates to the systems and tools
provided/used by customers in support of their networks 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 Global Services, AOS Service Delivery,
including workers whose wages were reported under
Diamondware, Ltd., and workers working at virtual offices in
Arizona, California, Florida, Georgia, Maine, New Hampshire,
New York, North Carolina, Texas, and Wisconsin reporting to
the Network Operations Center (NOC), Research Triangle Park,
North Carolina (TA-W-74,411); Avaya Global Services, AOS
Service Delivery, including workers whose wages were
reported under Diamondware, Ltd., Richardson, Texas (TA-W-
74,411A); Avaya Global Services, AOS Service Delivery,
including workers whose wages were reported under
Diamondware, Ltd., Billerica, Massachusetts (TA-W-74,411B);
Avaya Global Services, AOS Service Delivery, including
workers whose wages were reported under Diamondware, Ltd.,
Santa Clara, California (TA-W-74,411C), who became totally or
partially separated from employment on or after July 8, 2009,
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 20th day of October, 2010


/s/Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance





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