Findings of the Investigation

BUSINESS CONFIDENTIAL

TA-W-54,209

WATERLOO INDUSTRIES, INC.
MUSKOGEE, OKLAHOMA DIVISION
INCLUDING LEASED WORKERS OF QUALITY STAFFING
MUSKOGEE, OKLAHOMA

Determination and Basis

Shift in production to a country with a free trade
agreement/beneficiary (C-4)

Previous Determination: N/A

Number of Workers Affected: 218

Total Number of Workers: 343

Petitioner: Company official

Product: Sheet metal storage products

SIC: 2541

DETERMINATION DATES:
Institution Date: 02/09/2004
Petition Date: 02/04/2004
Impact Date: 02/04/2003

File: S:/ONR/OADWTAAR/DTAA/WPDOCS/CASE/54209

Investigator: Devon Richardson

Supporting Evidence

Waterloo Industries, Inc., Muskogee, Oklahoma Division,
Muskogee, Oklahoma is the subject of this investigation.
Workers at the subject facility are engaged in the production of
sheet metal storage products; they are not separately
identifiable by product line.

The investigation revealed that Waterloo Industries, Inc.,
Muskogee, Oklahoma Division, Muskogee, Oklahoma also leased
workers from Quality Staffing, Muskogee, Oklahoma.

From 2002 to 2003 production at the subject firm declined by 19
percent.

The subject firm plans to cease production at the facility on
May 28, 2004.

Employment at the subject firm declined by 45 percent from 2002
to 2003. Approximately 155 workers were separated from the
subject firm during the period under investigation.

The Department of Labor did not a conduct a customer survey
because the subject firm showed a 59 percent increase in
production that was shifted to Nogales, Mexico from 2002 to
2003.

The worker group at the subject firm did not qualify for
Alternative Trade Adjustment Assistance. The worker group
possesses skills that are easily transferable to another
position in the local area.





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,209

WATERLOO INDUSTRIES, INC.
MUSKOGEE, OKLAHOMA DIVISION
INCLUDING LEASED WORKERS OF QUALITY STAFFING
MUSKOGEE, OKLAHOMA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated on February 9, 2004 in
response to a petition filed by a company official on behalf of
workers at Waterloo Industries, Inc., Muskogee, Oklahoma
Division, Muskogee, Oklahoma. The workers at the subject
facility produce sheet metal storage products; they are not
separately identifiable by product line.
The investigation revealed that employment at the subject
firm declined from 2002 to 2003.
The preponderance in the declines in employment at the
subject facility is related to a shift in a significant portion
of the assembly of sheet metal storage products to a country
(Mexico) that is a party to a free trade agreement with the
United States.
The investigation revealed that Waterloo Industries, Inc.,
Muskogee, Oklahoma Division, Muskogee, Oklahoma also leased
workers from Quality Staffing, Muskogee, Oklahoma.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion (2) has not
been met.
The investigation revealed that the workers in the workers'
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Waterloo Industries, Inc., Muskogee,
Oklahoma Division, including leased workers of Quality
Staffing, Muskogee, Oklahoma, who became totally or
partially separated from employment on or after February 4,
2003, through two years from the date of certification are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974;" and
I further determine that all workers of Waterloo
Industries, Inc., Muskogee, Oklahoma Division, including leased
workers of Quality Staffing, Muskogee, Oklahoma, are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 2nd day of March, 2004

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


The information regarding skills of the worker group easily transferable to
other positions in the local area was confirmed by the company official,
Loren Wardwell, via phone conversation on February 25, 2004.