DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,262

JDS UNIPHASE CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF
MANPOWER, CIBER AND SPHERION
ROCHESTER, MINNESOTA

Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on August 16, 2004,
applicable to workers of JDS Uniphase Corporation, including
leased workers of Manpower and Ciber, Rochester, Minnesota. The
notice was published in the Federal Register on September 8, 2004
(69 FR 54321).
At the request of the company, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in the production of optical transceivers.
New information shows that leased workers of Spherion were
employed on-site at the Rochester, Minnesota location of JDS
Uniphase Corporation.
Based on these findings, the Department is amending this
certification to include leased workers of Spherion working on-
site at JDS Uniphase Corporation, Rochester, Minnesota.
The intent of the Department's certification is to include
all workers employed at JDS Uniphase Corporation, Rochester,
Minnesota who was adversely affected by a shift in production to
Mexico and Thailand.
The amended notice applicable to TA-W-55,262 is hereby
issued as follows:
"All workers of JDS Uniphase Corporation, Rochester,
Minnesota, including on-site leased workers of
Manpower, Ciber and Spherion, who became totally or
partially separated from employment on or after June
25, 2003, through August 16, 2006, are eligible to
apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also eligible to apply
for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.”
Signed at Washington, D.C., this 21st day of March 2006

/s/ Richard Church
________________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,262

JDS UNIPHASE CORPORATION
INCLUDING LEASED WORKERS OF
MANPOWER AND CIBER
ROCHESTER MINNESOTA

Certification 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 (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 July 16, 2004 in response
to a petition filed by a company official on behalf of workers of
JDS Uniphase Corporation, Rochester, Minnesota. The workers at the
Rochester facility produce optical transceivers.
The subject firm leases workers from Manpower and Ciber.
The investigation revealed that employment at the subject firm
decreased during the period of January through June of 2004 when
compared to the same period in 2003. Furthermore additional
separations are expected.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of optical
transceivers to a country (Singapore) that is a party to a free
trade agreement with the United States.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine 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. In accordance with the provisions of the Act,
I make the following certification:
"All workers of JDS Uniphase Corporation, Rochester,
Minnesota, including leased workers of Manpower and Ciber who
became totally or partially separated from employment on or
after June 25, 2003 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.”
Signed at Washington, D.C., this 16th day of August 2004.


/s/ Richard Church

__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance