Certified
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TAW-80465  /  JDS Uniphase Corporation (Santa Rosa, CA)

Petitioner Type: State
Impact Date: 02/13/2010
Filed Date: 09/26/2011
Most Recent Update: 01/26/2012
Determination Date: 01/26/2012
Expiration Date: 01/26/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,465

JDS UNIPHASE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM SOURCE RIGHT SOLUTIONS
SANTA ROSA, 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:
(1) a significant number or proportion of the
workers in such workers' firm have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers’ separation or
threat of separation.

The investigation was initiated in response to a petition
filed on September 26, 2011, by the state workforce office on
behalf of workers of JDS Uniphase Corporation, Santa Rosa,
California. The workers’ firm is engaged in activities related
to the production of custom optical coated products used in
various commercial and U.S. governmental applications. The
worker group includes on-site leased workers Source Right
Staffing.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers’ firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers’
firm has shifted to a foreign country production of custom
optical coated products like or directly competitive with the
article produced by the workers which contributed importantly to
worker group separations at JDS Uniphase Corporation, Santa
Rosa, California.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of JDS Uniphase
Corporation, Santa Rosa, California, who are engaged in
activities related to the production of custom optical coated
products 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 Corporation, including on-
site leased workers from Source Right Staffing, Santa
Rosa, California, who became totally or partially separated
from employment on or after February 13, 2010, 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 26th day of January, 2012

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