DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,292

JDS UNIPHASE, INC.
CCP DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SPHERION
SANTA ROSA, CALIFORNIA

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 on June 2, 2005, in response
to a petition filed by a state representative (California) on
behalf of workers of JDS Uniphase, Inc., CCP Division, Santa Rosa,
California. The subject firm leased on-site workers from Spherion.
The workers produce optical components.
The investigation revealed that employment declined in January
through May 2005 compared with January through May 2004.
The subject firm is shifting production of optical components
to a country (Singapore) that is party to a free trade agreement
with the United States, and also Malaysia.
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 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

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 number 2 has not
been met.
The investigation revealed that the workers' skills are easily
transferable.


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 and Malaysia 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, Inc., CCP Division, Santa Rosa,
California, including on-site leased workers of Spherion, who
became totally or partially separated from employment on or
after May 27, 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."
I further determine that all workers of JDS Uniphase, Inc.,
CCP Division, Santa Rosa, California including on-site leased
workers of Spherion 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 8th day of July 2005


/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance