Expected-separation certification for JTPA Title III

U.S. Department of Labor, Employment and Training Administration
Classification: JTPA
Correspondence symbol: TWRA
Date: June 22, 1992
Expiration date: Continuing

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 10-91

FROM: ROBERTS T. JONES, Assistant Secretary of Labor

SUBJECT: Recognition of the Office of Personnel Management's Certification of Expected Separation as a Notice of Termination for Purposes of Section 301 of the Job Training Partnership Act

1. Purpose. To announce that the Department of Labor recognizes the Office of Personnel Management's (OPM) Certification of Expected Separation as meeting the requirement of Section 301 of the Job Training Partnership Act (JTPA) that a worker receive a notice of termination in order to participate in activities authorized under Title III of JTPA.

2. Background. As a result of the decision by the United States to reduce expenditures for national defense, some mass layoffs and plant closings, in particular those involving military facilities, have been and will continue to be announced considerably in advance of the actual layoff or closing. In some cases this can be several years.

This situation has raised the question as to when workers affected by these layoffs or closings are eligible to receive certain basic readjustment and retraining services provided pursuant to Title III of JTPA. It is in the interest of both the affected workers and the United States that services to retrain and place those workers in new appropriate employment be provided as early as possible. At the same time, good government and proper management of public funds require that such services be made available to those likely and expected to lose employment, and not to everyone who may be employed at the facility, but who will not actually suffer an employment loss.

For JTPA program operators it is also important to assure that services are provided consistent with the Act and the regulations. This includes assuring that funds are not used to duplicate facilities or services available in the area from other federal, State or local resources as required by Section 141(h) of the Act, and that funds are only used for activities which are in addition to those which would otherwise be available in the area in accordance with Section 141(b) of the Act.

It is clear that rapid response assistance may be provided as soon as there is an announcement that there will be a substantial layoff at or permanent closing of a military facility. Pursuant to agreements reached by OPM, the Department of Defense (DoD), and the Department of Labor (DOL), a policy has now been established by OPM which will also make it clear when impacted workers who are otherwise eligible for participation in Title III programs receive a notice of termination as required by Section 301.

3. OPM Policy. OPM has published a change to its regulations which will establish a new Certification of Expected Separation. The Federal Register Notice that contains this regulation is attached for your information. This certification shall be issued no more than 6 months prior to the projected effective date of separation to employees for whom the relevant Federal agency has determined:

(a) There is a good likelihood the employee will be separated;

(b) Employment opportunities in the same or similar position in the local community area are limited or nonexistent;

(c) Placement opportunities within the employee's own or other federal agencies in the local commuting area are limited or non-existent, and;

(d) If eligible for optional retirement, the employee has not filed a retirement application or otherwise indicated in writing an intent to retire.

It is important to note that this policy applies to all Federal civilian employees, and not just Federal civilian employees on military facilities.

4. DOL Policy. It is the position of the Department of Labor that any worker, otherwise eligible for participation in a JTPA Title III program, who receives a Certification of Expected Separation pursuant to rules promulgated by OPM, has met the requirement of Section 301 of JTPA as having received a notice of termination.

5. Action. All substate grantees designated under Title III of JTPA, should be advised of this new policy. In addition, other interested parties, including employers, associations of employers, and representatives of employees who are eligible to apply for and interested in submitting an application pursuant to the DOL requirements for discretionary awards under the Defense Conversion Adjustment Program administered pursuant to Title III of JTPA, to the extent possible, should be made aware of and provided information regarding this decision.

6. Inquiries. Questions regarding this decision may be addressed to Robert N. Colombo, Director, Office of Worker Retraining and Adjustment Programs, on 202-535-0577.

7. Attachments.

I. Letter Sent to Governors
II. Federal Register notice (57 FR 21889-21891)

The source PDF also reproduces the governor letter and OPM's Federal Register rule. Those separate enclosures are summarized here rather than transcribed: the governor letter asks states to inform worker-adjustment liaisons; the OPM rule establishes the certification and associated early placement-program provisions. The PDF includes the beginning of an unrelated Federal Energy Regulatory Commission rule after the OPM notice.