DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,701

AVAYA, INC.
GLOBAL SALES OPERATIONS
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
NORTEL NETWORKS AND DIAMONDWARE, LTD.
INCLUDING ON-SITE LEASED WORKERS FROM PM TELCO
INCLUDING WORKERS REPORTING TO BASKING RIDGE, NEW JERSEY FROM
WESTMINSTER, COLORADO
BILLERICA, MASSACHUSETTS
AND VIRTUAL OFFICES THROUGHOUT THE UNITED STATES
BASKING RIDGE, NEW JERSEY

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 October 6, 2010 by a state workforce office on behalf
of workers of Avaya, Inc., Global Sales Operations, including
workers reporting to Basking Ridge, New Jersey from
Westminster, Colorado; Billerica, Massachusetts, and virtual
offices throughout the United States, Basking Ridge, New
Jersey (hereto known as Avaya Global Sales). The workers are
engaged in activities related to the supply of support services
for the field sales organization.
The worker group included on-site leased workers from PM
TELCO and workers whose wages were reported under other company
names - Nortel Networks and its subsidiary Diamondware, Ltd.
The investigation revealed that workers of Avaya Global
Sales who are engaged in activities related to the supply of
support services for the field sales organization meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the workers' firm have been separated
or threatened with separations.
Criterion II has been met because the workers' firm has
shifted to a foreign country the supply a service like or
directly competitive with the service supplied by the workers
at the subject firm.
Criterion III has been met because the shift of support
services for the field sales organization to Argentina by Avaya
Global Sales contributed importantly to worker group
separations at Avaya Global Sales.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avaya, Inc., Global
Sales Operations, including workers whose wages were reported
under Nortel Networks and its subsidiary Diamondware, Ltd.,
including on-site leased workers from PM TELCO, including
workers reporting to Basking Ridge, New Jersey from
Westminster, Colorado, Billerica, Massachusetts, and virtual
offices throughout the United States, Basking Ridge, New
Jersey, who are engaged in activities related to the supply of
support services for the field sales organization 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., Global Sales Operations,
including workers whose wages were reported under Nortel
Networks and its subsidiary Diamondware, Ltd., including
on-site leased workers from PM TELCO, including workers
reporting to Basking Ridge, New Jersey from Westminster,
Colorado, Billerica, Massachusetts, and virtual offices
throughout the United States, Basking Ridge, New Jersey,
who became totally or partially separated from employment
on or after October 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 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 January, 2011

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