DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,667

JDS UNIPHASE
COMMUNICATIONS AND COMMERCIAL OPTICAL PRODUCTS DIVISION
MILPITAS, CALIFORNIA

TA-W-85,667A

LEASED WORKERS FROM OPSEC SECURITY
WORKING ON-SITE AT JDS UNIPHASE
COMMUNICATIONS AND COMMERCIAL OPTICAL PRODUCTS DIVISION
MILPITAS, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become totally
or partially separated;
(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision

The investigation was initiated in response to a petition
filed on November 25, 2014 on behalf of workers of JDS Uniphase,
Communications and Commercial Optical Products Division,
Including on-site leased workers fro, Opsec Security, Milpitas,
California. The workers' firm is engaged in activities related
to production of optical amplifier modules.
Workers of JDS Uniphase, Communications and Commercial
Optical Products Division, Milpitas, California, were covered
under a previous certification (TA-W-81,723) that expired on
June 25, 2014. That certification did not include the on-site
leased workers from Opsec Security.
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 employment
decline is related to the shift in production of optical
amplifier modules to a foreign country that is party to a free
trade agreement with the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers JDS Uniphase,
Communications and Commercial Optical Products Division,
including on-site leased workers from Opsec Security,
Milpitas, California, who are engaged in activities related to
the production of optical amplifier modules, 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 and
Commercial Optical Products Division, Milpitas,
California, (TA-W-85,667) who became totally or partially
separated from employment on or after June 25, 2014,
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,
AND





All leased workers from Opsec Security, working on-site at
JDS Uniphase, Communications and Commercial Optical
Products Division, Milpitas, California, (TA-W-85,667A)
who became totally or partially separated from employment
on or after November 24, 2013, 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 11th day of December 2014.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance