Certified
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TAW-82033A  /  Avaya, Inc. (Highlands Ranch, CO)

Petitioner Type: State
Impact Date: 10/01/2011
Filed Date: 10/02/2012
Most Recent Update: 12/04/2012
Determination Date: 12/04/2012
Expiration Date: 12/04/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,033

AVAYA INC.
AVAYA CLIENT SERVICES (ACS) PORTFOLIO AND OPERATIONS
WESTMINSTER, COLORADO

TA-W-82,033A

AVAYA INC.
AVAYA CLIENT SERVICES (ACS) PORTFOLIO AND OPERATIONS
HIGHLANDS RANCH, COLORADO

TA-W-82,033B

AVAYA INC.
AVAYA CLIENT SERVICES (ACS) PORTFOLIO AND OPERATIONS
CARROLLTON, TEXAS

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:
(1) a significant number or proportion of the
workers in such workers' firm have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have
contributed importantly to the workers'
separation or threat of separation.

The investigation was initiated in response to a petition
filed on October 2, 2012 by a one-stop operator/partner on
behalf of workers of Avaya Inc., Avaya Client Services (ACS)
Portfolio and Operations, Westminster, Colorado (TA-W-82,033);
Avaya Inc., Avaya Client Services (ACS) Portfolio and
Operations, Highlands Ranch, Colorado (TA-W-82,033A); and
Avaya Inc., Avaya Client Services (ACS) Portfolio and
Operations, Carrollton, Texas (TA-W-82,033B) (ACS). The
workers' firm is engaged in activities related to the supply
of enterprise voice communications and call center system
services.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met 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 which contributed importantly to worker group
separations at ACS.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avaya Inc., Avaya
Client Services (ACS) Portfolio and Operations, Westminster,
Colorado (TA-W-82,033); Avaya Inc., Avaya Client Services
(ACS) Portfolio and Operations, Highlands Ranch, Colorado (TA-
W-82,033A); and Avaya Inc., Avaya Client Services (ACS)
Portfolio and Operations, Carrollton, Texas (TA-W-82,033B),
who are engaged in activities related to the supply of
enterprise voice communication and call center system 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., Avaya Client Services (ACS)
Portfolio and Operations, Westminster, Colorado (TA-W-
82,033); Avaya Inc., Avaya Client Services (ACS)
Portfolio and Operations, Highlands Ranch, Colorado (TA-
W-82,033A); and Avaya Inc., Avaya Client Services (ACS)
Portfolio and Operations, Carrollton, Texas (TA-W-
82,033B), who became totally or partially separated from
employment on or after October 1, 2011 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 4th day of December, 2012.


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