Certified
« back to search results

TAW-71334  /  Saint-Gobain Crystals (Washougal, WA)

Petitioner Type: Company
Impact Date: 06/19/2008
Filed Date: 06/22/2009
Most Recent Update: 08/05/2009
Determination Date: 08/05/2009
Expiration Date: 08/05/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,334

SAINT-GOBAIN CRYSTALS
PHOTONICS
A SUBSIDIARY OF SAINT-GOBAIN CERAMICS AND PLASTICS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK COMMERCIAL STAFFING AND KELLY SERVICES
WASHOUGAL, WASHINGTON


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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on June 22, 2009 by a company official on behalf of
workers of Saint-Gobain Crystals, Photonics, a subsidiary of
Saint-Gobain Ceramics and Plastics, Inc., Washougal,
Washington. The investigation revealed that the worker group
includes on-site leased workers of Aerotek Commercial Staffing
and Kelly Services. Workers at the subject firm are in engaged
in activities related to the production of sapphire wafers.
The investigation revealed that workers of Saint-Gobain
Crystals, Photonics, a subsidiary of Saint-Gobain Ceramics and
Plastics, Inc., including on-site leased workers of Aerotek
Commercial Staffing and Kelly Services, Washougal, Washington
who are engaged in employment related to the production of
sapphire wafers meet the criteria as Suppliers for secondary
worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because workers of Saint-
Gobain Crystals, Photonics, a subsidiary of Saint-Gobain
Ceramics and Plastics, Inc., including on-site leased workers
of Aerotek Commercial Staffing and Kelly Services, Washougal,
Washington produced and sold sapphire wafers to Philips
Lumileds Lighting Company, Wafer Fabrication Division, San
Jose, California to be incorporated into semi-conductor (high
power LEDs). Workers of Philips Lumileds Lighting Company,
Wafer Fabrication Division, San Jose, California are covered
by an existing certification (TA-W-64,830). That certification
was issued on the basis of a shift in production overseas of
semi-conductor (high power LEDs).
Criterion III has been met because the sapphire wafers
produced by Saint-Gobain Crystals, Photonics, a subsidiary of
Saint-Gobain Ceramics and Plastics, Inc., including on-site
leased workers of Aerotek Commercial Staffing and Kelly
Services, Washougal, Washington for Philips Lumileds Lighting
Company, Wafer Fabrication Division, San Jose, California
accounted for at least 20 percent of the production or sales
of Saint-Gobain Crystals, Photonics, a subsidiary of Saint-
Gobain Ceramics and Plastics, Inc., including on-site leased
workers of Aerotek Commercial Staffing and Kelly Services,
Washougal, Washington.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Saint-Gobain
Crystals, Photonics, a subsidiary of Saint-Gobain Ceramics and
Plastics, Inc., including on-site leased workers of Aerotek
Commercial Staffing and Kelly Services, Washougal, Washington
who are engaged in employment related to sapphire wafers 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 Saint-Gobain Crystals, Photonics, a
subsidiary of Saint-Gobain Ceramics and Plastics, Inc.,
including on-site leased workers of Aerotek Commercial
Staffing and Kelly Services, Washougal, Washington, who
became totally or partially separated from employment on or
after June 19, 2008 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 5th day of August 2009


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