Petitioner Type: Workers
Impact Date: 01/01/2014
Filed Date: 07/30/2015
Most Recent Update: 11/08/2017
Determination Date: 03/10/2016
Expiration Date: 03/10/2018
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-90,082
LUMENTUM OPERATIONS LLC
A WHOLLY OWNED SUBSIDIARY OF LUMENTUM HOLDINGS INC.
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
JDS UNIPHASE
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD, OPUSING, LLC, AND TRENDTEC INC.
BLOOMFIELD, CONNECTICUT
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 March 10, 2016, applicable to workers of Lumentum
Operations LLC, a wholly owned subsidiary of Lumentum Holdings
Inc., including workers whose wages were reported through JDS
Uniphase, including on-site leased workers from Randstad,
Bloomfield, Connecticut. The Department’s notice of determination
was published in the Federal Register on April 26, 2016 (81 FR
24649).
At the request of the state workforce office, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in activities related to the production of 100
G Modulators. The company reports that workers leased from
Opusing, LLC and Trendtec, Inc. were sufficiently under the control
of the subject firm to be considered leased workers.
The intent of the Department’s certification is to include all
workers of the subject firm who were adversely affected by a shift
in production to a foreign country of 100 G Modulators.
Based on these findings, the Department is amending this
certification to include workers leased from Opusing, LLC and
Trendtec, Inc., working on-site at Lumentum Operations LLC, a
wholly owned subsidiary of Lumentum Holdings Inc., Bloomington,
Connecticut. The amended notice applicable to TA-W-90,082 is hereby
issued as follows:
"All workers from Lumentum Operations LLC, a wholly owned
subsidiary of Lumentum Holdings Inc., including workers whose
wages were reported through JDS Uniphase, including on-site
leased workers from Randstad, Opusing, LLC, and Trendtec, Inc.,
Bloomfield, Connecticut, who became totally or partially
separated from employment on or after January 1, 2014, through
March 10, 2018, 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 1074, as amended.”
Signed at Washington, D.C. this 8th day of November 2017.
/s/ Hope D. Kinglock
______
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-90,082
LUMENTUM OPERATIONS LLC
A WHOLLY OWNED SUBSIDIARY OF LUMENTUM HOLDINGS INC.
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
JDS UNIPHASE
INCLUDING ON-SITE LEASED WORKERS FROM RANDSTAD
BLOOMFIELD, CONNECTICUT
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 July 30, 2015 on behalf of workers of Lumentum
Operations LLC, a wholly owned subsidiary of Lumentum Holdings
Inc., including workers whose wages were reported through JDS
Uniphase and on-site leased workers from Randstad, Bloomfield,
Connecticut. The workers' firm is engaged in activities related
to the production of 100 G Modulators. Additionally, the
workers' site also consists of research and development, product
engineering, and administrative functions.
During the course of the investigation, information was
collected from the petitioner and 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 an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at Lumentum Operations LLC, a wholly owned
subsidiary of Lumentum Holdings Inc., including workers whose
wages were reported through JDS Uniphase and on-site leased
workers from Randstad, Bloomfield, Connecticut.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lumentum Operations
LLC, a wholly owned subsidiary of Lumentum Holdings Inc.,
including workers whose wages were reported through JDS Uniphase
and on-site leased workers from Randstad, Bloomfield,
Connecticut, who are engaged in activities related to the
production of 100 G Modulators 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 Lumentum Operations LLC, a wholly owned
subsidiary of Lumentum Holdings Inc., including workers
whose wages were reported through JDS Uniphase and on-site
leased workers from Randstad, Bloomfield, Connecticut, who
became totally or partially separated from employment on or
after January 1, 2014, 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 10th day of March 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-90,082
LUMENTUM OPERATIONS LLC
A WHOLLY OWNED SUBSIDIARY OF LUMENTUM HOLDINGS INC.
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
JDS UNIPHASE
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD, OPUSING, LLC, AND TRENDTEC INC.
BLOOMFIELD, CONNECTICUT
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 March 10, 2016, applicable to workers of Lumentum
Operations LLC, a wholly owned subsidiary of Lumentum Holdings
Inc., including workers whose wages were reported through JDS
Uniphase, including on-site leased workers from Randstad,
Bloomfield, Connecticut. The Department’s notice of determination
was published in the Federal Register on April 26, 2016 (81 FR
24649).
At the request of the state workforce office, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in activities related to the production of 100
G Modulators. The company reports that workers leased from
Opusing, LLC and Trendtec, Inc. were sufficiently under the control
of the subject firm to be considered leased workers.
The intent of the Department’s certification is to include all
workers of the subject firm who were adversely affected by a shift
in production to a foreign country of 100 G Modulators.
Based on these findings, the Department is amending this
certification to include workers leased from Opusing, LLC and
Trendtec, Inc., working on-site at Lumentum Operations LLC, a
wholly owned subsidiary of Lumentum Holdings Inc., Bloomington,
Connecticut. The amended notice applicable to TA-W-90,082 is hereby
issued as follows:
"All workers from Lumentum Operations LLC, a wholly owned
subsidiary of Lumentum Holdings Inc., including workers whose
wages were reported through JDS Uniphase, including on-site
leased workers from Randstad, Opusing, LLC, and Trendtec, Inc.,
Bloomfield, Connecticut, who became totally or partially
separated from employment on or after January 1, 2014, through
March 10, 2018, 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 1074, as amended.”
Signed at Washington, D.C. this 8th day of November 2017.
/s/ Hope D. Kinglock
______
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-90,082
LUMENTUM OPERATIONS LLC
A WHOLLY OWNED SUBSIDIARY OF LUMENTUM HOLDINGS INC.
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
JDS UNIPHASE
INCLUDING ON-SITE LEASED WORKERS FROM RANDSTAD
BLOOMFIELD, CONNECTICUT
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 July 30, 2015 on behalf of workers of Lumentum
Operations LLC, a wholly owned subsidiary of Lumentum Holdings
Inc., including workers whose wages were reported through JDS
Uniphase and on-site leased workers from Randstad, Bloomfield,
Connecticut. The workers' firm is engaged in activities related
to the production of 100 G Modulators. Additionally, the
workers' site also consists of research and development, product
engineering, and administrative functions.
During the course of the investigation, information was
collected from the petitioner and 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 an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at Lumentum Operations LLC, a wholly owned
subsidiary of Lumentum Holdings Inc., including workers whose
wages were reported through JDS Uniphase and on-site leased
workers from Randstad, Bloomfield, Connecticut.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lumentum Operations
LLC, a wholly owned subsidiary of Lumentum Holdings Inc.,
including workers whose wages were reported through JDS Uniphase
and on-site leased workers from Randstad, Bloomfield,
Connecticut, who are engaged in activities related to the
production of 100 G Modulators 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 Lumentum Operations LLC, a wholly owned
subsidiary of Lumentum Holdings Inc., including workers
whose wages were reported through JDS Uniphase and on-site
leased workers from Randstad, Bloomfield, Connecticut, who
became totally or partially separated from employment on or
after January 1, 2014, 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 10th day of March 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance