Certified
« back to search results

TAW-82567  /  CyOptics, Inc. (Breinigsville, PA)

Petitioner Type: Company
Impact Date: 03/15/2012
Filed Date: 03/18/2013
Most Recent Update: 03/21/2013
Determination Date: 03/21/2013
Expiration Date: 03/21/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,567

CYOPTICS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS AND AEROTEK
BREINIGSVILLE, PENNSYLVANIA

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 March 18, 2013 by a company official on behalf of
workers of CyOptics, Inc., including on-site leased workers
from Express Employment Professionals and Aerotek,
Breinigsville, Pennsylvania. The workers' firm is engaged in
activities related to production of optoelectronic lasers,
detectors and related subcomponents used in telecommunications
and data communications.
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 the production of
articles like or directly competitive with the optoelectronic
lasers, detectors and related subcomponents produced by the
workers, which contributed importantly to worker group
separations at CyOptics, Inc., Breinigsville, Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of CyOptics, Inc.,
Breinigsville, Pennsylvania, who are engaged in activities
related to production of optoelectronic lasers, detectors and
related subcomponents, 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 CyOptics, Inc., including on-site leased
workers from Express Employment Professionals and
Aerotek, Breinigsville, Pennsylvania, who became totally
or partially separated from employment on or after March
15, 2012 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 21st day of March, 2013.

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