[wiaattorneys] Re: labor disputes
- From: "Pomerantz, Jane C. (GC-LI)" <jpomerantz@xxxxxxxxxxx>
- To: "Gannon, Jack" <JGannon@xxxxxxxxxx>
- Date: Wed, 10 Aug 2005 14:04:51 -0400
Jack
I don't know if I would even call that "indirect" filling a job opening but I
believe it is a definite violation of 652.9
JP.
-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Mason, Paul (LABOR)
Sent: Wednesday, August 10, 2005 1:38 PM
To: Gannon, Jack; Phyllis.Edwards@xxxxxxxxxxxx;
wiaattorneys@xxxxxxxxxxxxx
Subject: [wiaattorneys] Re: labor disputes
Hi Jack - I think the temp agency situation would fit under the
regulations since the employer is the recipient of the services. Hope all is
well. Are you planning a trip to NYC to bring your daughter to college?
Paul
_____
From: Gannon, Jack [mailto:JGannon@xxxxxxxxxx]
Sent: Wednesday, August 10, 2005 12:46 PM
To: Mason, Paul (LABOR); Phyllis.Edwards@xxxxxxxxxxxx;
wiaattorneys@xxxxxxxxxxxxx
Subject: RE: [wiaattorneys] Re: labor disputes
Another wrinkle on the issue raised by Phyllis re: referral in cases of
strikes or lockouts. I had a question posed just today regarding a private
temp agency placing a job order into our job matching system through which they
are filling vacant positions with an employer in a lockout situation. I am
assuming that this would fit into the "indirect" filling of the job opening
category under 20 CFR 652.9. Any thoughts?
John L. Gannon
Indiana Department of Workforce Development
10 N. Senate Ave.
Indianapolis, IN 46204
(317)232-7482
jgannon@xxxxxxxxxx
-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Mason, Paul (LABOR)
Sent: Wednesday, August 10, 2005 9:57 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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