[wiaattorneys] Re: labor disputes
- From: "Pomerantz, Jane C. (GC-LI)" <jpomerantz@xxxxxxxxxxx>
- To: <Phyllis.Edwards@xxxxxxxxxxxx>
- Date: Wed, 10 Aug 2005 11:46:21 -0400
Section 181(b)(7) of WIA states:
(7) No impact on union organizing.--Each recipient of funds
under this title shall provide to the Secretary assurances that
none of such funds will be used to assist, promote, or deter union
organizing.
This should generate some discussion.
JP
-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Mason, Paul (LABOR)
Sent: Wednesday, August 10, 2005 10:57 AM
To: Phyllis.Edwards@xxxxxxxxxxxx; wiaattorneys@xxxxxxxxxxxxx
Subject: [wiaattorneys] Re: labor disputes
We were just asked this same question by a WIB that wants to work with an
employer. I think to the extent the WIB is placing job orders in a State job
bank operated under Wagner Peyser funding and thereby acting as an agent of the
state, the regulations would apply. This raises the interesting question about
the relationship between ES and WIA.
-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Phyllis Edwards
Sent: Wednesday, August 10, 2005 10:20 AM
To: wiaattorneys@xxxxxxxxxxxxx
Subject: [wiaattorneys] labor disputes
Federal Employment Service law states that applicants are to be given notice of
strikes or lockouts prior to being referred to an employer. (29 USCS §49j) The
federal regs state that state offices are not to refer on job orders which will
directly or indirectly aid in filling an opening that is vacant because a
former occupant is on strike or has been locked out because of a labor dispute.
It the goes on to include that a referral can be made for another position not
on strike or lock out but notice of the labor dispute must be given.
Aside for the fact that I haven't found any basis in the law for restricting
the referral, the question has arisen as to whether this would apply to WIA
programs. As yet I have not found anything in the WIA law. Any comments or
suggestions? Thanks
Phyllis A. Edwards
ADWS/ Legal
Associate General Counsel
(501) 682-3154
phyllis.edwards@xxxxxxxxxxxxxxxxx
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