DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,262

VUTEQ CALIFORNIA CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM STAFFCHEX AND RANDSTAD
HAYWARD, 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 services used
in the production of 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 January 13, 2010 by a State Workforce Official on
behalf of workers of Vuteq California Corporation, Hayward,
California (Vuteq Hayward). The worker group includes on-site
leased workers from Staffchex and Randstad. The workers produce
interior injection parts and assembled glass for automobiles.
The petitioner alleges that the subject firm experienced a
loss of sales to a TAA certified customer and that the loss of
sales contributed importantly to worker separations.
The investigation revealed that workers of Vuteq Hayward
who are engaged in employment related to the production of
interior injection parts and assembled glass for automobiles
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 met because workers of Vuteq
Hayward produced and sold interior injection parts and
assembled 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 interior injection
parts and assembled glass for automobiles produced by Vuteq
Hayward 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 Vuteq Hayward.












Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Vuteq California
Corporation, including on-site leased workers from Staffchex
and Randstad, Hayward, California who are engaged in employment
related to the production of interior injection parts and
assembled glass 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 Vuteq California Corporation, including
on-site leased workers from Staffchex and Randstad,
Hayward, California, who became totally or partially
separated from employment on or after January 12, 2009,
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 12th day of April, 2010.


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