Certified
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TAW-72543  /  Owens Corning Sales, LLC (Charleston, WV)

Petitioner Type: Company
Impact Date: 10/08/2008
Filed Date: 10/09/2009
Most Recent Update: 12/16/2009
Determination Date: 12/16/2009
Expiration Date: 12/16/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,543

OWENS CORNING SALES, LLC
INCLUDING ON-SITE LEASED WORKERS OF
KELLY SERVICES
CHARLESTON, 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 October 9, 2009, by a company official on behalf of
workers of Owens Corning Sales, LLC, Charleston, West Virginia.
The worker group includes on-site leased workers of Kelly
Services. The workers provide shared business services to the
firm across North America.
The investigation revealed that workers of Owens Corning
Sales, LLC, Charleston, West Virginia, who are engaged in
employment related to shared business services meet the
criteria for certification.
Criterion I has been met because a significant proportion
of the worker group has become separated during the relevant
period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of services like
or directly competitive with the service supplied by the
worker group.
Criterion III has been met because the shift of shared
business services to India by Owens Corning Sales, LLC,
contributed importantly to worker group separations at the
Charleston, West Virginia facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Owens Corning Sales,
LLC, Charleston, West Virginia, who are engaged in activities
related to shared business services 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 Owens Corning Sales, LLC, including on-
site leased workers of Kelly Services, Charleston, West
Virginia, who became totally or partially separated from
employment on or after October 8, 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 16th day of December, 2009

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance