DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,444

JDS UNIPHASE CORPORATION
MELBOURNE, FLORIDA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 in response to a petition
received on January 31, 2005, and filed by the company on behalf of
workers at JDS Uniphase Corporation, Melbourne, Florida. The
workers produced telecom fibre optic modules.
The investigation revealed that the declines in employment at
the subject firm are related to the subject firm shifting its
production of telecom fibre optic modules to Thailand and Malaysia,
and subsequently importing those products into the United States.
In addition, 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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion No. 2 has not
been met.
The investigation revealed that workers of the subject firm
possess skills that are easily transferable to other positions in
the local area.
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 Thailand and Malaysia 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, Melbourne, Florida,
who became totally or partially separated from employment on
or after January 28, 2004, 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
I further determine that all workers of JDS Uniphase
Corporation, Melbourne, Florida, are denied eligibility to apply
for alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of March 2005.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance