DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,952

PEPSICO

FRITO LAY NORTH AMERICA INC.

CORPORATE HEADQUARTERS DIVISION

INCLUDING ON-SITE LEASED WORKERS FROM OPEN SYSTEMS, INC., PIONEER
DATA SYSTEMS, PREEMP, INC. (D/B/A HIRE RESOURCE STAFFING), ROSE
INTERNATIONAL, INC., SILVERXIS, SOFTWARE GALAXY SYSTEMS, LLC,
SOLOMON PAGE GROUP, STAFFLINK, STAFFMARK INVESTMENT LLC,
TALENTBURST, INC., VENDORPASS INC. AND VIVA USA, INC.

7701 LEGACY DRIVE

PLANO, TEXAS

TA-W-94,952A

PEPSICO

CORPORATE HEADQUARTERS DIVISION

INCLUDING ON-SITE LEASED WORKERS FROM OPEN SYSTEMS, INC., PIONEER
DATA SYSTEMS, PREEMP, INC. (D/B/A HIRE RESOURCE STAFFING), ROSE
INTERNATIONAL, INC., SILVERXIS, SOFTWARE GALAXY SYSTEMS, LLC,
SOLOMON PAGE GROUP, STAFFLINK, STAFFMARK INVESTMENT LLC,
TALENTBURST, INC., VENDORPASS INC., AND VIVA USA, INC.

5600 HEADQUARTERS DRIVE

PLANO, TEXAS

TA-W-94,952B

PEPSICO

CORPORATE HEADQUARTERS DIVISION

INFORMATION TECHNOLOGY FUNCTION

INCLUDING ON-SITE LEASED WORKERS FROM OPEN SYSTEMS, INC., PIONEER
DATA SYSTEMS, PREEMP, INC. (D/B/A HIRE RESOURCE STAFFING), ROSE
INTERNATIONAL, INC., SILVERXIS, SOFTWARE GALAXY SYSTEMS, LLC,
SOLOMON PAGE GROUP, STAFFLINK, STAFFMARK INVESTMENT LLC,
TALENTBURST, INC., VENDORPASS INC., AND VIVA USA, INC.

PURCHASE, NEW YORK

TA-W-94,952C

PEPSICO

FRITO LAY NORTH AMERICA INC.

TECHNOLOGY PROCESS CENTER

INCLUDING ON-SITE LEASED WORKERS FROM OPEN SYSTEMS, INC., PIONEER
DATA SYSTEMS, PREEMP, INC. (D/B/A HIRE RESOURCE STAFFING), ROSE

INTERNATIONAL, INC., SILVERXIS, SOFTWARE GALAXY SYSTEMS, LLC,
SOLOMON PAGE GROUP, STAFFLINK, STAFFMARK INVESTMENT LLC,
TALENTBURST, INC., VENDORPASS INC. AND VIVA USA, INC.

DALLAS, TEXAS

Determination Regarding Eligibility

To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.

Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).

For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following
criteria must be met:

(1) The first criterion (set forth in Section 222(a)(1) of the Act,
19 U.S.C. § 2272(a)(1)) requires that a significant number or
proportion of the workers in the workers' firm must have become
totally or partially separated or be threatened with total or
partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:

(A) Increased Imports Path:

(i) sales or production, or both, at the workers' firm must
have decreased absolutely; AND

(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR

(II)(aa) imports of articles like or directly competitive
with articles into which the component part produced
by the workers' firm was directly incorporated have
increased; OR

(II)(bb) imports of articles like or directly competitive
with articles which are produced directly using the
services supplied by the workers' firm have
increased; OR

(III) imports of articles directly incorporating component
parts not produced in the U.S. that are like or
directly competitive with the article into which the
component part produced by the workers' firm was
directly incorporated have increased; AND

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

(B) Shift in Production or Supply Path:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or supply of
services like or directly competitive with those
produced/supplied by the workers' firm; OR

(II) there has been an acquisition from a foreign country
by the workers' firm of articles/services that are like or
directly competitive with those produced/supplied by the
workers' firm; and

(ii) the shift described in clause (i)(I) or the acquisition of
articles or services described in clause (i)(II)
contributed importantly to such workers' separation or
threat of separation.

For the Department to issue a certification under Section 222(b)
of the Act, 19 U.S.C. § 2272(b), to workers of a Supplier or a
Downstream Producer, the following criteria must be met:

(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production is
related to the article or service that was the basis for
such certification; and

(3) either

(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm;
or

(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to the
workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."

Workers of a firm may also be considered eligible if they are
publicly identified by name by the International Trade Commission as
a member of a domestic industry in an investigation resulting in a
category of determination that is listed in Section 222(e) of the
Act, 19 U.S.C. § 2272(e).

The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be satisfied if
the following criteria are met:

(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--

(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);

(B) an affirmative determination of market disruption or
threat thereof under section 421(b)(1); or

(C) an affirmative final determination of material injury
or threat thereof under section 705(b)(1)(A) or
735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C.
1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) the petition is filed during the 1-year period beginning
on the date on which--

(A) a summary of the report submitted to the President by
the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or

(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--

(A) the 1-year period described in paragraph (2); or

(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition filed
on June 28, 2019, by a state workforce office on behalf of workers
and former workers of PepsiCo, Frito Lay North America Inc.,
Corporate Headquarters Division, including on-site leased workers
from Open Systems, Inc., Pioneer Data Systems, Preemp, Inc. (D/B/A
Hire Resource Staffing), Rose International, Inc., Silverxis,
Software Galaxy Systems, LLC, Solomon Page Group, Stafflink,
Staffmark Investment LLC, TalentBurst, Inc., Vendorpass, Inc., and
Viva USA, Inc., 7701 Legacy Drive, Plano, Texas (TA-W-94,952;
PepsiCo-FLNA); PepsiCo, Corporate Headquarters Division, including
on-site leased workers from Open Systems, Inc., Pioneer Data Systems,
Preemp, Inc. (D/B/A Hire Resource Staffing), Rose International,
Inc., Silverxis, Software Galaxy Systems, LLC, Solomon Page Group,
Stafflink, Staffmark Investment LLC, TalentBurst, Inc., Vendorpass,
Inc., and Viva USA, Inc., 5600 Headquarters Drive, Plano, Texas (TA-
W-94,952A; PepsiCo-HQ); PepsiCo, Corporate Headquarters Division,
Information Technology Function, including on-site leased workers
from Open Systems, Inc., Pioneer Data Systems, Preemp, Inc. (D/B/A
Hire Resource Staffing), Rose International, Inc., Silverxis,
Software Galaxy Systems, LLC, Solomon Page Group, Stafflink,
Staffmark Investment LLC, TalentBurst, Inc., Vendorpass, Inc., and

Viva USA, Inc., Purchase, New York (TA-W-94,952B; PepsiCo-IT);
PepsiCo, Frito Lay North America Inc., Technology Process Center,
including on-site leased workers from Open Systems, Inc., Pioneer
Data Systems, Preemp, Inc. (d/b/a Hire Resource Staffing), Rose
International, Inc., Silverxis, Software Galaxy Systems, LLC,
Solomon Page Group, Stafflink, Staffmark Investment LLC,
TalentBurst, Inc., Vendorpass, Inc., and Viva USA, Inc., Dallas,
Texas (TA-W-94,952C; PepsiCo-FTPC).

Workers at PepsiCo-FLNA (TA-W-94,952) are engaged in
activities related to the supply of sales, operations, human
resources, finance, marketing, and research and development
services. Workers at PepsiCo-HQ (TA-W-94,952A) are engaged in
activities related to the supply of sales, operations, human
resources, finance, and information technology services. Workers
at PepsiCo-IT (TA-W-94,952B) are engaged in activities related to
the supply of information technology services. Workers at PepsiCo-
FTPC (TA-W-94,952C) are engaged in activities related to the
supply of product development and warehousing services for
PepsiCo.

During the course of the investigation, information was
collected from the petition and the workers' firm.

TA-W-94,952/TA-W-94,952A/TA-W-94,952B

The investigation revealed that Section 222(a)(1) has been
met because a significant number or proportion of the workers in

PepsiCo-FLNA, PepsiCo-HQ, and PepsiCo-IT have become totally or
partially separated, or are threatened to become totally or partially
separated.

The investigation revealed that Section 222(a)(2)(B) has been
met because the workers' firm has shifted to a foreign country the
supply of services like or directly competitive with the services
supplied by the respective subject workers groups which
contributed importantly to worker separations at PepsiCo-FYNA,
PepsiCo-HQ, and PepsiCo-IT.

TA-W-94,952C

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Criterion (2)(A)(ii) has not been met
because workers' firm's imports of services like or directly
competitive with the services supplied by PepsiCo-FTPC have not
increased during the relevant period when compared to the
representative base period.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
supply of services like or directly competitive with the services
supplied by PepsiCo-FTPC to a foreign country or acquire the supply
of such services from a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that PepsiCo-FTPC is not a Supplier or
Downstream Producer to a firm that employed a group of workers who
received a certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a).

Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1) has
not been met since the workers' firm has not been publicly identified
by name by the International Trade Commission as a member of a
domestic industry in an investigation resulting in an affirmative
finding of serious injury, market disruption, or material injury, or
threat thereof.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of PepsiCo-FLNA, PepsiCo-
HQ, and PepsiCo-IT meet the worker group certification criteria
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:

"All workers of PepsiCo, Frito Lay North America Inc., Corporate
Headquarters Division, including on-site leased workers from
Open Systems, Inc., Pioneer Data Systems, Preemp, Inc. (D/B/A
Hire Resource Staffing), Rose International, Inc., Silverxis,
Software Galaxy Systems, LLC, Solomon Page Group, Stafflink,
Staffmark Investment LLC, TalentBurst, Inc., Vendorpass, Inc.,
and Viva USA, Inc., 7701 Legacy Drive, Plano, Texas (TA-W-
94,952); PepsiCo, Corporate Headquarters Division, including
on-site leased workers from Open Systems, Inc., Pioneer Data
Systems, Preemp, Inc. (D/B/A Hire Resource Staffing), Rose
International, Inc., Silverxis, Software Galaxy Systems, LLC,
Solomon Page Group, Stafflink, Staffmark Investment LLC,
TalentBurst, Inc., Vendorpass, Inc., and Viva USA, Inc., 5600
Headquarters Drive, Plano, Texas (TA-W-94,952A); and PepsiCo,
Corporate Headquarters Division, Information Technology
Function, including on-site leased workers from Open Systems,
Inc., Pioneer Data Systems, Preemp, Inc. (D/B/A Hire Resource
Staffing), Rose International, Inc., Silverxis, Software Galaxy
Systems, LLC, Solomon Page Group, Stafflink, Staffmark
Investment LLC, TalentBurst, Inc., Vendorpass, Inc., and Viva
USA, Inc., Purchase, New York (TA-W-94,952B), who became totally
or partially separated from employment on or after June 27, 2018
through two years from the date of certification, and all workers
in the group threatened with total or partial separation from
employment on the date of certification through two years from
the date of certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of 1974,
as amended."

Furthermore, after careful review of the facts obtained in the
investigation, I determine that, with regards to the workers of
PepsiCo-FTPC, the requirements of Section 222 of the Act, 19 U.S.C.
§ 2272, have not been met and, therefore, I deny the petition for
group eligibility of workers of PepsiCo, Frito Lay North America
Inc., Technology Process Center, including on-site leased workers
from Open Systems, Inc., Pioneer Data Systems, Preemp, Inc. (d/b/a
Hire Resource Staffing), Rose International, Inc., Silverxis,
Software Galaxy Systems, LLC, Solomon Page Group, Stafflink,
Staffmark Investment LLC, TalentBurst, Inc., Vendorpass, Inc., and
Viva USA, Inc., Dallas, Texas (TA-W-94,952C), to apply for
adjustment assistance, in accordance with Section 223 of the Act, 19
U.S.C. § 2273.

Signed in Washington, D.C. this 12th day of February, 2021

/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance

Trade Adjustment Assistance