DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,157

JDS UNIPHASE
COMMTEST DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION AND NORELL
INDIANAPOLIS, INDIANA

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 11, 2009 by a company official on behalf of
workers of JDS Uniphase, CommTest Division, Indianapolis,
Indiana (JDS Uniphase). The worker group also consists of on-
site leased workers from Spherion and Norell. The worker group
is engaged in employment relating to the production of
communications test equipment.
The investigation revealed that workers of JDS Uniphase who
are engaged in employment related to communications test
equipment meet the criteria for certification.
Criterion I has been met because worker separations have
occurred during the relevant period.
Criterion II has been met 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
communications test 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, Indianapolis, Indiana, who are engaged in
employment related to communications test equipment production
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,
Indianapolis, Indiana including on-site leased workers
from Spherion and Norell, who became totally or partially
separated from employment on or after June 9, 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 29th day of July, 2009.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance