DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,162

EMCORE CORPORATION
ALBUQUERQUE, NM

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. (Set forth in Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 19, 2009, by three workers on behalf of workers of
EMCORE Corporation, Albuquerque, New Mexico (EMCORE
Corporation). The workers produced solar power systems and
integrated components, and are not separately identifiable by
product line.
The investigation revealed that workers of EMCORE
Corporation, who are engaged in employment related to the
production of solar power systems and integrated components,
meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in EMCORE Corporation have become
totally or partially separated, or threatened with such
separation.
Criterion II has been met because EMCORE Corporation has
shifted production of articles like or directly competitive
with solar power systems and integrated components to a foreign
country.
Criterion III has been met because the shift in
production to China contributed importantly to worker
separations at EMCORE Corporation, Albuquerque, New Mexico.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EMCORE Corporation,
Albuquerque, New Mexico, who are engaged in employment related
to the production of solar power systems and integrated
components, meet the worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the
following certification:
"All workers of EMCORE Corporation, Albuquerque, New
Mexico, who became totally or partially separated from
employment on or after May 18, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 2nd day of February, 2010


/s/Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance