DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70729

PHILIPS LIGHTING COMPANY
LAMPS DIVISION
FAIRMONT, WEST VIRGINIA

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(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
(i)(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.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 23, 2009 by the International Union of Electrical,
Radio, and Machine Workers and Communication Workers of America
(IUE-CWA) on behalf of workers of Philips Lighting Company,
Lamps Division (Philips). The workers are engaged in the
manufacturing of linear florescent lamps.
The investigation revealed that workers of Philips who are
engaged in employment related to the manufacturing of linear
florescent lamps meet the criteria for certification.
Criterion I has been met because a significant number of
employees have been separated or have been threaten
separation.
Criterion II has been satisfied because the workers firm
has shifted to a foreign country the production of an article
like or directly competitive with linear florescent lamps
supplied by the workers.
Criterion III has been met because the Shift of
Production of linear florescent lamps to the Netherlands by
Philips contributed importantly to worker group separations at
Philips.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Philips Lighting
Company, Lamps Division, Fairmont, West Virginia who are
engaged in employment related to manufacturing of linear
florescent lamps 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 Philips Lighting Company, Lamps Division,
Fairmont, West Virginia, who became totally or partially
separated from employment on or after May 23, 2008, through
two years from the date of certification, 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 1974, as amended."
Signed in Washington, D.C., this 1st day of September, 2009.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance