DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,055

FINISAR
A SUBSIDIARY OF FINISAR CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM VOLT WORKFORCE SOLUTIONS
AND VOLT TECHNICAL RESOURCES
ALLEN, TEXAS

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 August 18, 2009 by a company official on behalf of
workers of Finisar, a subsidiary of Finisar Corporation, Allen,
Texas (Finisar). The workers are engaged in activities related
to the production of Veritical Cavity Surface Emitting Lasers
(VCSEL) based components (i.e. advanced optical components).
The workers are not separately identifiable by products
produced. The worker group also includes on-site leased workers
from Volt Workforce Solutions and Volt Technical Resources.
The investigation revealed that workers of Finisar who are
engaged in activities related to the production of VCSEL based
components (i.e. advanced optical components) meet the criteria
for certification.
Criterion I has been met because a significant number of
workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of VCSEL based components (i.e. advanced
optical components) by Finisar to Malaysia.
Criterion III has been met because the shift in production
of VCSEL based components (i.e. advanced optical components) by
Finisar to Malaysia contributed importantly to worker group
separations at Finisar.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Finisar, a subsidiary
of Finisar Corporation, including on-site leased workers from
Volt Workforce Solutions and Volt Technical Resources, Allen,
Texas, who are engaged in employment related to production of
VCSEL based components (i.e. advanced optical 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 Finisar, a subsidiary of Finisar
Corporation, including on-site leased workers from Volt
Workforce Solutions and Volt Technical Resources, Allen,
Texas, who became totally or partially separated from
employment on or after August 17, 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 September, 2009


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