DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,843

CLOROX SERVICES COMPANY
A SUBSIDIARY OF THE CLOROX COMPANY
OAKLAND, CALIFORNIA

Notice of Negative Determination
on Reconsideration

On June 4, 2007, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on June 14, 2007 (72 FR 32915-
32916).
The petition for the workers of Clorox Services Company, a
subsidiary of the Clorox Company, Oakland, California engaged in
information technology services, including application
development and maintenance, data center operations, and network
and end-user support was denied because the petitioning workers
did not produce an article within the meaning of Section 222 of
the Act.
The petitioners filed a request for reconsideration in which
they contend that the Department erred in its interpretation of
work performed at the subject facility and convey that workers of
the subject firm supported manufacturing of goods at affiliated
incorporated subsidiaries of the Clorox Company.
The workers of the subject firm and a company official were
contacted for clarification in regard to the nature of the work
performed at the subject facility. The investigation on
reconsideration revealed that workers of the subject firm
supported production of various household and specialty articles
at various subsidiaries of the Clorox Company on a company-wide
scale.
The Department conducted an additional investigation to
determine whether workers can be considered eligible for TAA as
directly-impacted workers in support of production of household and
specialty products, such as home cleaning, auto care, professional
products, cat litter, dressings, sauces and seasonings.
The group eligibility requirements for directly-impacted
(primary) workers under Section 222(a) the Trade Act of 1974, as
amended, can be satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;

B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and

C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation revealed that workers of the subject firm
provided technical support to the entire Clorox Company and all its
domestic production facilities. The investigation of the U.S.
production and sales of the Clorox Company, USA, revealed that
criteria (I.B) and (II.B) were not met. According to the
information provided by the company official, company-wide sales
and production of household and specialty products, such as home
cleaning, auto care, professional products, cat litter, dressings,
sauces and seasonings did not decline from 2005 to 2006 and there
was no shift in production of household and specialty products to a
foreign source during the relevant time period.


Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Clorox
Service Company, a subsidiary of the Clorox Company, Oakland,
California.

Signed at Washington, D.C. this 14th day of August, 2007.

/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,843

CLOROX SERVICES COMPANY
A SUBSIDIARY OF THE CLOROX COMPANY
OAKLAND, CALIFORNIA

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 January 26, 2007 in
response to a petition filed by workers of Clorox Services Company,
a subsidiary of The Clorox Company, Oakland, California. Workers at
the subject firm are engaged in information technology (IT)
services, including application development and maintenance, data
center operations, and network and end-user support.
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 occurred within the
firm, the information technology workers do not support this
production. Thus the worker group cannot be considered import
impacted or affected by a shift in production of an article.
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 Clorox Services
Company, a subsidiary of The Clorox Company, Oakland, California,
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 13th day of March 2007


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





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