Certified
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TAW-73310  /  Optera, Inc. (Holland, MI)

Petitioner Type: Company
Impact Date: 01/18/2009
Filed Date: 01/20/2010
Most Recent Update: 02/26/2010
Determination Date: 02/26/2010
Expiration Date: 02/26/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,310

OPTERA, INC.
FORMERLY KNOWN AS DONNELLY CORPORATION/MAGNA DONNELLY
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER AND KEY PERSONNEL
HOLLAND, MICHIGAN

Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on February 26, 2010, applicable to
workers of Optera, Inc., including on-site leased workers from
Manpower and Key Personnel, Holland, Michigan. The notice was
published in the Federal Register on April 23, 2010 (75 FR
21361).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of touch screen sensors.
New information shows that Optera, Inc. was formerly known
as Donnelly Corporation/Magna Donnelly. Some workers separated
from employment at Optera, Inc. had their wages reported under a
separate unemployment insurance (UI) tax account under the name
Donnelly Corporation/Magna Donnelly.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department's certification is to include
all workers of the subject firm who were adversely affected by a
shift in the production of touch screen sensors to China.
The amended notice applicable to TA-W-73,310 is hereby
issued as follows:
"All workers of Optera, Inc., formerly known as Donnelly
Corporation/Magna Donnelly, including on-site leased
workers from Manpower and Key Personnel, Holland, Michigan,
who became totally or partially separated from employment
on or after January 18, 2009, through February 26, 2012,
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 18th day of November 2010.

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

4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,310

OPTERA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER AND KEY
PERSONNEL
HOLLAND, MICHIGAN

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 January 20, 2010, by a company official on behalf of
workers of Optera, Inc., Holland, Michigan. The workers
produce touch screen sensors. The worker group includes on-
site leased workers from Manpower and Key Personnel.
The investigation revealed that workers of Optera, Inc.,
who are engaged in employment related to the production of
touch screen sensors, meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been threatened with total or partial separation.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in
production of touch screen sensors to China by Optera, Inc.,
contributed importantly to the threat of separation at the
Holland, Michigan facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Optera, Inc.,
Holland, Michigan, who are engaged in employment related to the
production of touch screen sensors 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 Optera, Inc., including on-site leased
workers from Manpower and Key Personnel, Holland,
Michigan, who became totally or partially separated from
employment on or after January 18, 2009, through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the 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 26th day of February, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance