DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,169

JDS UNIPHASE CORPORATION
FBN NEW JERSEY HOLDINGS CORPORATION
EWING, NEW JERSEY

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) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on February 10, 2005,
applicable to workers of JDS Uniphase Corporation, Ewing, New
Jersey. The notice was published in the Federal Register on
March 9, 2005 (70 FR 11704).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of optical receivers, amplifiers
and CATV products for the telecommunications and communications
industry.
New information shows that the New Jersey manufacturing
operations of JDS Uniphase Corporation were sold to FBN New
Jersey Holdings Corporation in May 2005. Workers separated from
employment at the subject firm had their wages reported under a
separate unemployment insurance (UI) tax accounts for FBN New
Jersey Holdings Corporation.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department’s certification is to include
all workers of JDS Uniphase Corporation, Ewing, New Jersey who
were adversely affected by increased imports.
The amended notice applicable to TA-W-56,169 is hereby
issued as follows:
"All workers of JDS Uniphase Corporation, FBN New
Jersey Holdings Corporation, Ewing, New Jersey who
became totally or partially separated from employment
on or after December 6, 2003, through February 10,
2007, 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 10th day of June 2005.

/s/ Linda G. Poole

_______________________________
LINDA G. POOLE
Certifying Officer, Division
of Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,169

JDS UNIPHASE
EWING, NEW JERSEY

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), as amended, the Department of Labor herein presents the
results of its 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 December 8, 2004, in
response to a petition filed on behalf of workers of JDS Uniphase,
Ewing, New Jersey. The workers were engaged in the production of
optical receivers, amplifiers and CATV products for the
telecommunications and communications industry.
The investigation revealed that sales, production and
employment declined from 2003 to 2004.
The Department of Labor surveyed the subject firm’s customers
regarding their purchases of optical receivers, amplifiers and CATV
products. The surveys revealed customers increased reliance of
foreign purchases during the period under investigation.
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 increases of imports of articles
like or directly competitive with the production of optical
receivers, amplifiers and CATV products produced by JDS Uniphase,
Ewing, New Jersey, contributed importantly to the total or partial
separation of workers and to the decline in sales or production at
that firm or subdivision. In accordance with the provisions of the
Act, I make the following certification:
“All workers of JDS Uniphase, Ewing, New Jersey who became
totally or partially separated from employment on or after
December 6, 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 in Washington, D.C. this 10th day of February, 2005.



/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance