[Federal Register Volume 73, Number 13 (Friday, January 18, 2008)]
[Notices]
[Pages 3488-3489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-839]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,188]


Nortel Networks Corporation, Global Software Delivery Division, 
Site Readiness Group; Research Triangle Park, NC; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated December 7, 2007, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on November 8, 2007 and 
published in the Federal Register on November 21, 2007 (72 FR 65607).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The negative TAA determination issued by the Department for workers 
of Nortel Networks Corporation, Global Software Delivery Division, Site 
Readiness Group, Research Triangle Park, North Carolina was based on 
the finding that the worker group does not produce an article within 
the meaning of section 222 of the Trade Act of 1974. The investigation 
revealed that workers of the subject firm monitored customer's hardware 
in preparation for software upgrades.
    The petitioner contends that the Department erred in its 
interpretation of the facts and alleges that the company

[[Page 3489]]

official provided inaccurate information regarding the core 
responsibilities of the workers of the subject firm. The petitioner 
further states that workers of the subject firm ``prepare a customer's 
communications equipment to receive Nortel issued ``Critical'' patches/
upgrades necessary for the equipment to operate within FCC regulated 
guidelines.'' The petitioner provided contact information for a 
different company official and requested further solicitation for all 
further information from this official.
    On reconsideration, the Department contacted subject firm's company 
official as directed by the petitioner. This company official confirmed 
what was revealed in the initial investigation. The investigation 
revealed that workers of Nortel Networks Corporation, Global Software 
Delivery Division, Site Readiness Group, Research Triangle Park, North 
Carolina install software upgrades to customers' telecommunication 
equipment and that petitioner's description of the work performed at 
the subject firm is correct. Preparation of customer's communications 
equipment and other functions, as described above, are not considered 
production of an article within the meaning of section 222 of the Trade 
Act. No production took place at the subject facility and the workers 
did not support production of articles at any affiliated firm in the 
relevant time period.
    The petitioner also alleges that jobs have been shifted from the 
subject firm to Mexico.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
However, the investigation determined that workers of Nortel Networks 
Corporation, Global Software Delivery Division, Site Readiness Group, 
Research Triangle Park, North Carolina do not produce an article within 
the meaning of section 222 of the Trade Act of 1974.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed in Washington, DC, this 10th day of January, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-839 Filed 1-17-08; 8:45 am]
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