Petitioner Type: Union
Impact Date: 10/15/2003
Filed Date: 10/20/2004
Most Recent Update: 12/16/2004
Determination Date: 12/16/2004
Expiration Date: 12/16/2006
Employment and Training Administration
TA-W-55,836
FRITO-LAY, INC.
A DIVISION OF PEPSICO, INC.
ALLEN PARK, MICHIGAN
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 (19
USC 2273), the Department of Labor herein presents the results of
its 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)(A) of
Section 222 have been met.
The investigation was initiated October 20, 2004 in response
to a petition filed by The Bakery, Confectionery, Tobacco Workers
and Grain Millers International Union, Local 326 on behalf of
workers of Frito-Lay, Inc., a division of PepsiCo, Inc., Allen
Park, Michigan. The workers at the subject firm produce corn and
potato chips. The workers are not separately identifiable by
product line.
The investigation revealed that production and employment
declined at the subject firm from 2002 to 2003 and also declined
from January through September 2003 to January through September
2004.
The investigation further revealed that corporate-wide imports
of corn and potato chips increased during the relevant period.
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 workers in the workers' firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with corn and potato chips produced by
Frito-Lay, Inc., a division of PepsiCo, Inc., Allen Park, Michigan,
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Frito-Lay, Inc., a division of PepsiCo, Inc.,
Allen Park, Michigan, who became totally or partially
separated from employment on or after October 15, 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 Frito-Lay, Inc., a
division of PepsiCo, Inc., Allen Park, Michigan, are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 16th day of December 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance