Petitioner Type: Workers
Impact Date: 12/09/2001
Filed Date: 01/23/2003
Most Recent Update: 04/29/2003
Determination Date: 04/29/2003
Expiration Date: 04/29/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,668
JDS UNIPHASE CORPORATION
LUNDY FACILITY
OPTICAL LAYER GROUP
SAN JOSE, 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)(A) of Section 222 have been met.
The investigation was initiated on January 23, 2003 in
response to a petition dated December 9, 2002 and filed on
behalf of workers of JDS Uniphase Corporation, Lundy Facility,
Optical Layer Group, San Jose, California. Workers produce
passive optical components and optical performance monitors, the
major portion of which are sold to customers in the United
States. Workers are not separately identifiable by product
line.
The investigation revealed that the subject facility closed
in March 2003.
The investigation also revealed a shift of a portion of
production from the subject facility to an affiliated facility
in Canada.
The investigation also revealed expanded subject company
operations at affiliated Chinese facilities that manufacture
products similar to those produced at the subject facility and
the likely increase of company imports.
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 Canada and China 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, Lundy Facility,
Optical Layer Group, San Jose, California who became
totally or partially separated from employment on or after
December 9, 2001 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974, as
amended."
Signed in Washington, D.C. this 29th day of April 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance