DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,183

OPTICAL COATING LABORATORIES, INC., JDS UNIPHASE
ROCHESTER, NEW YORK

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.



The investigation was initiated on October 9, 2001 in
response to a petition filed on behalf of workers at Optical
Coating Laboratories, Inc., JDS Uniphase, Rochester, New York.



The workers produce coated lenses (used in scientific and medical
instruments) and bar code readers.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
experience declines in sales prior to plant shutdown and that the
vast majority of production was shifted domestically. Although
some production was shifted abroad, the amount shifted is
negligible for the purposes of this investigation.
Conclusion
After careful review, I determine that all workers of
Optical Coating Laboratories, Inc., JDS Uniphase, Rochester, New
York, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of March, 2002


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance