DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,041

PILKINGTON NORTH AMERICA, INC.
LATHROP, CALIFORNIA

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 December 8, 2009 by United Steelworkers (USW), Local
418G on behalf of workers of Pilkington North America, Inc.,
Lathrop, California (Pilkington North America, Inc.). Workers at
the subject firm are engaged in activities related to the
production of automotive glass and glass for windows. The workers
are not separately identifiable by product.
The investigation revealed that workers of Pilkington North
America, Inc., Lathrop, California who are engaged in activities
related to the production of automotive glass and glass for
windows 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
Pilkington North America, Inc. produced and sold automotive
glass to a firm that employed a worker group who is covered by
an active certification to be incorporated into automobiles.
Criterion III has been met because the automotive glass
produced by Pilkington North America, Inc. for a firm that
employed a worker group covered by an active certification
accounted for at least 20 percent of the production or sales of
Pilkington North America, Inc.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Pilkington North
America, Inc., Lathrop, California who are engaged in activities
related to the production of automotive glass and glass for
windows meet the worker group certification criteria under Section
222(c) of the Act, 19 U.S.C. § 2272(c). In accordance with Section
223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of Pilkington North America, Inc., Lathrop,
California, who became totally or partially separated from
employment on or after December 2, 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 15th day of April, 2010.


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