Certified
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TAW-81723  /  JDS Uniphase (Milpitas, CA)

Petitioner Type: Company
Impact Date: 06/14/2011
Filed Date: 06/15/2012
Most Recent Update: 06/26/2012
Determination Date: 06/26/2012
Expiration Date: 06/26/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,723

JDS UNIPHASE
COMMUNICATIONS TEST AND MEASUREMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD SOURCERIGHT
MILPITAS, 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 by a company official on June 15, 2012 on behalf of
workers of JDS Uniphase, Communications Test and Measurement
Division, including on-site leased workers from Randstad
SourceRight, Milpitas, California. The workers' firm is
engaged in activities related to the production of
communications test equipment.
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 at JDS Uniphase 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 acquired from a foreign country articles like or
directly competitive with the communications test equipment
produced by the workers which contributed importantly to
worker group separations at JDS Uniphase.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of JDS Uniphase,
Communications Test and Measurement Division, including on-
site leased workers from, Randstad SourceRight, Milpitas,
California, who are engaged in activities related to
production of communications test equipment, 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, Communications Test and
Measurement Division, including on-site leased workers
from, Randstad SourceRight, Milpitas, California, who
became totally or partially separated from employment on
or after June 14, 2011 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 June, 2012


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFEE
Certifying Officer, Office of
Trade Adjustment Assistance