DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,418

THE SCOTTS COMPANY
GLOBAL BUSINESS INFORMARION SERVICES DEPARTMENT
OPERATIONS AND NETWORKING FUNCTION
MARYSVILLE, OHIO

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And 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.
The investigation was initiated on June 21, 2005 in response
to a petition filed on behalf of workers of The Scotts Company,
Global Business Information Services Department, Operations and
Networking Function, Marysville, Ohio. The workers provide
information technology services. These services include the
operation of computer equipment, the execution of computer batch
processing to generate computer output and the backing up of
computer files to a magnetic tape medium.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, the subject worker group
supports work at Scotts Company's corporate headquarters and does
not directly support production at affiliated manufacturing
facilities. Thus the subject worker group cannot be considered
import impacted or affected by a shift in production of an
article.
Overall sales of the Scott Company have increased in the
relevant periods. The services performed by the Global Business
Information Services Department in Marysville were shifted to an
outside vendor.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of The Scotts Company,
Global Business Information Services Department, Operations and
Networking Function, Marysville, Ohio are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D. C. this 26th day of July 2005

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