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TAW-72193  /  Coherent, Inc (Santa Clara, CA)

Petitioner Type: Company
Impact Date: 09/01/2008
Filed Date: 09/02/2009
Most Recent Update: 01/15/2010
Determination Date: 01/15/2010
Expiration Date: 01/15/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,193

COHERENT, INC.
SCIENTIFIC LASER SYSTEM DIVISION
DIODE PUMPED SOLID STATE BUSINESS GROUP
SANTA CLARA, CALIFORNIA


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 September 2, 2009, by a company official on behalf of
workers at Coherent, Inc., Scientific Laser System Division,
Diode Pumped Solid State Business Group, Santa Clara, California
(Coherent-SLS-DPSS). The workers are engaged in employment
related to the production of lasers. Because the workers are
separately identifiable by product line, the only workers who
are the subject of the certification are workers who are
engaged in employment related to the production of Verdi lasers.
The investigation revealed that workers of Coherent-SLS-
DPSS, who are engaged in employment related to the production of
Verdi lasers, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers in this separately-identifiable worker
group is totally or partially separated, or threatened with
separation, from employment at Coherent-SLS-DPSS.
Criterion II has been met because production of Verdi
lasers was shifted by Coherent-SLS-DPSS to a foreign country.
Criterion III has been met because the shift in
production of Verdi Lasers to a foreign country has
contributed importantly to worker group separations at
Coherent-SLS-DPSS.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Coherent, Inc.,
Scientific Laser System Division, Diode Pumped Solid State
Business Group, Santa Clara, California, who are engaged in
employment related to the production of Verdi Lasers, 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 Coherent, Inc., Scientific Laser System
Division, Diode Pumped Solid State Business Group, Santa
Clara, California, who are engaged in employment related to
the production of Verdi Lasers, who became totally or
partially separated from employment on or after September
1, 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 15th day of January, 2010

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