DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,006

MITEL (DELAWARE), INC.
A SUBSIDIARY OF MITEL NETWORKS CORPORATION
INFORMATION TECHNOLOGY DEPARTMENT
CHANDLER, ARIZONA

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated February 22, 2011,
resulted in a negative determination, issued on June 10, 2011, that
was based on finding of that the subject firm did not produce an
article. The determination was applicable to workers and former
workers of Mitel (Delaware), Inc., a subsidiary of Mitel Networks
Corporation, Information Technology Department, Chandler, Arizona
(Mitel-Information Technology). The notice of determination was
published in the Federal Register on June 24, 2011 (76 FR 37154).
Workers of Mitel-Information Technology (subject worker group) are
engaged in activities related to the production of communications
hardware and software. The subject worker group supplies internal
information technology (IT) support services. The subject worker
group excludes any leased or temporary workers.
All workers at Mitel Networks Corporation, Chandler, Arizona
were previously certified eligible to apply for worker adjustment
assistance under TA-W-64,537 which expired on January 16, 2009.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on Departmental Findings provided during the
reconsideration investigation, the Department of Labor determines
that the worker group meets the requirements for eligibility to
apply for trade adjustment assistance.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at the subject firm have become
totally or partially separated, or are threatened with such
separation.
Section 222(a)(2)(B) has been met the subject firm has
acquired from a foreign country services like or directly
competitive with the IT support services supplied by the subject
workers which contributed importantly to subject worker group
separations.
Conclusion
After careful review, I determine that workers of Mitel
(Delaware), Inc., Information Technology Department, Chandler,
Arizona, who are engaged in activities related to the supply of
internal information technology support 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 Mitel (Delaware), Inc., a subsidiary of Mitel
Networks Corporation, Information Technology Department,
Chandler, Arizona, who became totally or partially separated
from employment on or after January 17, 2011, through two
years from the date of this certification, and all workers in
the group threatened with total or partial separation from
employment on December 20, 2011 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 1st day of December, 2011

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,006

MITEL (DELAWARE), INC.
A SUBSIDIARY OF MITEL NETWORKS CORPORATION
INFORMATION TECHNOLOGY DEPARTMENT
CHANDLER, ARIZONA

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 such workers' firm, or
an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or
partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article that was the basis for such
certification; and

(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on February 22, 2011 on behalf of workers of Mitel
(Delaware), Inc., a subsidiary of Mitel Networks Corporation,
Information Technology Department, Chandler, Arizona. The
workers’ firm is engaged in activities related to sales of
telephones and related equipment. The subject worker group supplied
information technology (IT) services including desktop support,
database administration and computer system administration for the
subject firm.
The petitioners allege that information technology (IT)
services were outsourced to an unaffiliated firm in a foreign
country. During the course of the investigation, information was
collected from the workers’ firm and the petitioners.



With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that that the worker separations are not
attributable to a shift in production of articles to a foreign
country by the workers’ firm. Rather, the investigation
established that the worker separations are attributable to an
acquisition of information technology services from a foreign
country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or directly
competitive with articles produced by the firm have not
increased. Rather, the investigation established that the
workers’ firm has not produced articles in the United States
during the relevant period of the investigation.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Mitel (Delaware), Inc., a subsidiary
of Mitel Networks Corporation, Chandler, Arizona, is not a
Supplier or Downstream Producer to a firm that employed a group of
workers who received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Mitel (Delaware),
Inc., a subsidiary of Mitel Networks Corporation, Information
Technology Department, Chandler, Arizona, engaged in activities
related to information technology services, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, as amended, and are also denied eligibility to apply
for alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, amended.
Signed in Washington, D.C. this 10th day of June, 2011



/s/Michael W. Jaffe___________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance






- 8 -