DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,105

OCLARO TECHNOLOGY, INC.
FORMERLY KNOWN AS SPECTRA PHYSICS-A DIVISION OF NEWPORT
CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF TEX WORK
TUCSON, ARIZONA

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 August 24, 2009 by three workers on behalf of workers
of Oclaro Technology, Inc., formerly known as Spectra-Physics
a Division of Newport Corporation, Tucson, Arizona. The workers
are engaged in employment related to the production of high
powered diode lasers. The workers are not separately
identifiable by product line and the worker group includes on-
site leased workers of Tex Work.
The investigation revealed that workers of Oclaro
Technology, Inc. who are engaged in employment related to the
production of high powered diode lasers, meet the criteria for
certification.
Criterion I has been met because a significant portion of
the workers have become separated at the Oclaro Technology,
Inc. facility during the relevant period.
Criterion II has been met because the workers' firm is
shifting production to a foreign country articles like or
directly competitive with the articles produced by the
workers' firm at the Tucson, Arizona location.
Criterion III has been met because the shift in
production to Thailand, Switzerland and the United Kingdom by
Oclaro Technology, Inc. contributed importantly to worker
separations at the Tucson, Arizona facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Oclaro Technology,
Inc., formerly known as Spectra-Physics a Division of Newport
Corporation, including on-site leased workers of Tex Work,
Tucson, Arizona 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 Oclaro Technology, Inc., formerly known as
Spectra-Physics a Division of Newport Corporation,
including on-site leased workers of Tex Work, Tucson,
Arizona who became totally or partially separated from
employment on or after August 21, 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 11th day of March, 2010


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