DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,876

FRITO-LAY, INC.
A DIVISION OF PEPSICO, INC.
INCLUDING ON-SITE LEASED WORKERS OF VOLT TEMPORARY SERVICES
BEAVERTON, OREGON

Negative Determinations 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 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 was initiated on October 27, 2004 in
response to a petition filed by The Bakery, Confectionery, Tobacco
Workers and Grain Millers International Union, Local 114 on behalf
of workers of Frito-Lay, Inc., a division of PepsiCo, Inc.,
Beaverton, Oregon. Workers at the subject firm produced cookies,
pretzels, and oatmeal bars (more specifically Grandma Cookies, Rold
Gold Pretzels, Quaker Snack Bars, and Rich & Chewy Cookies);
workers are not separately identifiable by product line.
The subject firm also leased some workers from Volt Temporary
Services, Beaverton, Oregon.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that corporate-wide sales and
subject firm production of cookies, pretzels, and oatmeal bars at
the subject firm increased from 2002 to 2003 as well as during the
period of January through October 2004 when compared to the same
period in 2003.
Moreover, neither the subject firm nor the corporate entity
imports cookies, pretzels, or oatmeal bars, nor was the Beaverton,
Oregon production shifted abroad, more specifically to Canada or
Mexico, as alleged by the petitioner during the relevant period.
The investigation revealed that the subject firm shifted
production domestically to a Frito-Lay facility in Pulaski,
Tennessee.
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 this
investigation, I determine that all workers at Frito-Lay, Inc., a
division of PepsiCo, Inc., including on-site leased workers of Volt
Temporary Services, Beaverton, Oregon 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 16th day of December 2004

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance