1. Labor Representation on State and Local Workforce Investment Boards

Representatives of organized labor are to be included on state and local Workforce Investment Boards (WIBs). State labor federations are to nominate state labor representatives. Local labor federations are to nominate local labor representatives. For a local area in which no employees are represented by a labor organization other representatives of employees can be appointed.

2. Labor Comment on State and Local Plans

The state plan is to contain information on the process used to obtain labor’s input into the development of the plan as well as labor comments on the plan. The local plan is to contain information on the process used to obtain input into the development of the plan as well as labor comments on the plan. Interested members of the public, including business and labor organizations, are to be given 30 days to comment on the local plan.

3. Labor Involvement in Training Programs

Labor and business organizations are to be provided an opportunity to submit comments to the Governor on the certification of eligible training providers. Union training programs, and joint programs, can be certified as eligible training providers. Registered apprenticeship programs are automatically eligible to be certified. Additionally, interested parties, including unions and employers can submit comments on programs and activities to the Secretary of Labor.

4. Labor Concurrence

No activity under the Act is to impair a collective bargaining agreement. Any activity that is inconsistent with a bargaining agreement requires the written concurrence of the labor organization and the employer involved.

5. Anti-unionization Provisions

No funds can be used to promote, deter or assist union organizing.

6.    Labor Standards

• Participants are to be compensated at the same rates of pay as others similarly situated and provided similar benefits and working conditions.

• Participants shall not displace current employees, including laid-off employees or fill current vacancies. Partial displacement that reduces hours, wages and employment benefits or effects promotional opportunities is also prohibited.

• Federal and state health and safety standards apply to participants.

• Funds cannot be used to support business relocation until 120 days after the commencement of business operations.

• Each state is to maintain a grievance procedure with a 60-day limit for decisions.

Labor’s Perspective:

1. Labor Representation

State and local labor federations have the right to nominate labor representatives to state and local workforce development boards. There should be at least two labor representatives on both the state and local WIBs. It is vitally important that labor representatives have the capacity to participate in meetings and connect back to the labor federation to coordinate with affiliates on specific training issues. It is also important that labor representatives form coalitions with signatory employers, their trade associations as well as advocacy and community-based organizations to provide the balance needed in WIB deliberations and policy-making.

Many labor representatives often forgo wages to participate in WIB meetings. State and local WIBs should be encouraged to adopt policies that provide reimbursement for lost-time wages and to target their capacity building resources to provide union representatives with specialized staff support.

2. Labor Comment on State and Local Plans

Labor should be fully consulted in the design of state and local plans as well as all modifications to these plans, particularly during the transition from JTPA to WIA. The plan documents should be made available with adequate notice to assure a comprehensive review. Labor should coordinate its comments with affected unions (particularly public sector unions), community-based organizations and signatory employers. State and local administrators should respond to these comments in writing and include them as part of the plan/modification submission.

3. Labor Involvement in Training Programs

States should be required to fully consult with unions in developing the process for certifying training providers. Unions representing workers having skills in which training is proposed should be contacted and given an opportunity to review the training. The Department of Labor will establish procedures to receive comments from labor and other interested parties on WIA programs and activities. Once in place labor should take full advantage of these procedures to present their views and express any concerns regarding WIA implementation.

4. Labor Concurrence

There should be mechanisms in place to assure that unions concur when a program affects a bargaining agreement. This provision must apply to training providers, and one-stop program administrators.

5. Anti-unionization Provisions

No funds should be used to deter union organizing. This provision must apply to training providers and one-stop program administrators.

6. Labor Standards

All training providers and program administrators must fully commit to ensuring compliance with all WIA labor standards affecting wages, benefits, displacement and grievances.

7.    Labor Networking and Coordination

At the state and local level union representatives of organized workforce development practitioners, i.e.:

• union-represented employment security, unemployment insurance and social service professionals;

• union-represented educators, vocational, rehabilitation, teaching and counseling professionals; and,

• other unionized partners working within the WIA system

should engage and offer orientation to their organized labor representatives on workforce investment boards and assist to develop and sustain a well-informed and knowledgeable labor presence on the WIB.

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