DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,148

OZARK ELECTRONICS CULLMAN ALABAMA, INC.
A SUBSIDIARY OF OZARK ELECTRONICS REPAIR, INC.
INCLUDING ON-SITE LEASED WORKERS OF CULLMAN EMPLOYMENT CENTER
CULLMAN, ALABAMA

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 December 6, 2004 in
response to a petition filed by on behalf of workers of Ozark
Electronics Cullman Alabama, Inc., Cullman, Alabama. The firm is a
subsidiary of Ozark Electronics Repair, Inc. The workers are
engaged in warranty remanufacturing of satellite receivers.
Repaired/refurbished/remanufactured receivers are eventually resold
or leased on the open market.
The subject firm leased some workers from Cullman Employment
Center.
The investigation revealed that the subject firm was
subcontracted by a company that discontinued the subject firm's
services and shifted remanufacture of satellite receivers to a
country (Mexico) that is a party to a free trade agreement with the
United States.
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 1 has not been
met. The investigation revealed that the number of workers in the
workers' firm being 50 years of age or older was not significant.


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 Ozark Electronics Cullman Alabama, Inc.,
including leased workers of Cullman Employment Center,
Cullman, Alabama, who became totally or partially separated
from employment on or after December 2, 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."
I further determine that all workers of Ozark Electronics
Cullman Alabama, Inc., including leased workers of Cullman
Employment Center, Cullman, Alabama, 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 14th day of January, 2005.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance