DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,839

JDS UNIPHASE CORPORATION
FORMERLY KNOWN AS AGILITY COMMUNICATIONS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION STAFFING
ALLENTOWN, PENNSYLVANIA

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 August 4, 2006 in response
to a petition filed on behalf of workers of JDS Uniphase
Corporation, formerly known as Agility Communications, Inc.,
Allentown, Pennsylvania. The workers produce tunable laser diode
modules.
The subject worker group includes on-site leased workers from
Spherion Staffing.
The investigation revealed that employment at the subject
facility declined in January through July 2006 when compared with
same period of 2005.
The decline in employment at the subject facility is directly
attributable to a shift in production of tunable laser diode module
production to China.
A significant portion of tunable laser diode modules produced
in China will be imported to 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 1 has not been met.
The investigation revealed that a significant number of
workers in the subject firm are not 50 years of age or older.


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 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, formerly Agility
Communications, Inc., Allentown, Pennsylvania, including on-
site leased workers from Spherion Staffing, who became totally
or partially separated from employment on or after August 1,
2005 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, formerly Agility Communications, Inc., Allentown,
Pennsylvania, including on-site leased workers from Spherion
Staffing, 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 6th of September 2006

/s/ Linda G. Poole

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