Petitioner Type: Workers
Impact Date: 01/09/2002
Filed Date: 01/23/2003
Most Recent Update: 04/07/2003
Determination Date: 04/07/2003
Expiration Date: 04/07/2005
Employment and Training Administration
TA-W-50,667
JDS UNIPHASE CORPORATION
COMMERCIAL LASER DIVISION
MANTECA, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on January 17, 2003, in
response to a petition filed on behalf of workers of JDS Uniphase
Corporation, Commercial Laser Division, Manteca, California. The
workers produced helium neon lasers and associated power modules.
The investigation revealed that the subject plant was
permanently closed in December 2002. Following the plant closure,
the company shifted the production of standard products to a
foreign facility. The company now imports these products previously
produced at the subject facility for delivery to U.S. customers.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Singapore of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of JDS Uniphase Corporation, Commercial Laser
Division, Manteca, California who became totally or partially
separated from employment on or after January 9, 2002 through
two years from the date of certification are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, as amended."
Signed in Washington, D.C. this 7th day of April, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance