DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,068

JDS UNIPHASE
COMMTEST DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION
GERMANTOWN, MARYLAND


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. See 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 June 9, 2009 by a company official on behalf of
workers of JDS Uniphase, CommTest Division, Germantown,
Maryland (JDS Uniphase). The workers produce telecommunication
test equipment. The petitioner alleges that separations have
occurred due to a shift in production to Mexico.
The workers group includes on-site leased workers from
Spherion.
The investigation revealed that workers of JDS Uniphase who
are engaged in employment related to production
telecommunications test equipment meet the criteria for
certification.
Criterion I has been met because at least 5 percent of
workers have been separated in January through April 2009 when
compared to the same period in 2008.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles like or directly
competitive with articles produced by the workers.
Criterion III has been met because the acquisition of
telecommunications equipment from Mexico by JDS Uniphase
contributed importantly to worker group separations at JDS
Uniphase.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of JDS Uniphase,
CommTest Division, Germantown, Maryland, who are engaged in
employment related to telecommunications test equipment 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 JDS Uniphase, CommTest Division, including
on-site leased workers from Spherion, Germantown,
Maryland, who became totally or partially separated from
employment on or after June 8, 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 31st day of July, 2009.


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