DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,424

MOMENTIVE PERFORMANCE MATERIALS
WILLOUGHBY, OHIO

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 September 28, 2009 by an official of the International
Union of Electronic - Communication Workers of America, Local
84707, on behalf of workers of Momentive Performance Materials,
Willoughby, Ohio. The workers are engaged in the production of
fused quartz products such as lamp tubing.
The investigation revealed that workers of Momentive
Performance Materials, Willoughby, Ohio, who are engaged in
employment related to the production of fused quartz products,
meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have become separated at the Willoughby location
during the relevant period.
Criterion II has been met because the workers' firm is
shifting a substantial portion of production to a foreign
country of articles like or directly competitive with the
articles produced by the workers' firm at Willoughby.
Criterion III has been met because the shift in
production to China by Momentive Performance Materials
contributed importantly to worker separations at the
Willoughby, Ohio facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Momentive Performance
Materials, Willoughby, Ohio, 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 Momentive Performance Materials,
Willoughby, Ohio, who became totally or partially separated
from employment on or after September 25, 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 29th day of December, 2009

/S/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance