References: a. The Job Training Partnership Act (JTPA), as amended; b. JTPA Final Rules, as published in the Federal Register on September 2, 1994; c. Training and Employment Guidance Letter No. 4-95 (February 21, 1996): "Instructions for Submission of State Plans under Title II and Title III of the Job Training Partnership Act for Program Years (PYs) 1996 and 1997; and PY 1996 Wagner-Peyser Act Program Planning Guidance". d. Training and Employment Information Notice No. 33-92 (June 1, 1993): "Child Labor Restrictions Applicable to Youth Participants in Job Training Partnership Act (JTPA) Funded Programs". e. Training and Employment Guidance Letter No. 7-95 (July 31, 1996): "Job Training Partnership Act (JTPA) Intertitle Transfers of Funds". f. Fair Labor Standards Act of 1938 (29 U.S.C. 203 (m)), as amended by the Minimum Wage Increase Act of 1996. g. The Small Business Job Protection Act of 1996 (P.L. 104-188). h. Employment Service Program Letter (ESPL) No. 5-97 (November 25, 1996): "Work Opportunity Tax Credit Administrative and Quarterly Reporting Forms". Background: a. Summer Jobs Funding Level. The Department of Labor is obligating $871 million to the States for the CY 1997 Summer Youth Employment Program under Title II-B of the Job Training Partnership Act. (State allocations are attached.) This year's funding represents a significant increase over the $625 million that was made available last year for the CY 1996 program. As was the case with last year's funds, these funds are being obligated as fiscal year, not program year funds. Notices of Obligation (NOO's) will be issued under the current PY 1996 JTPA grant agreement to obligate these funds to the States, and they will not be combined with Title II-A and Title II-C funds. As was done last summer, States will be required to submit a separate JTPA Title II-B Quarterly Status Report (JQSR) for these FY 1997 Title II-B funds, and they will not be combined with Title II-A and Title II-C PY 1997 data. Additionally, States will draw cash under the Payment Management System (PMS) for Title II-B FY 1997 funds, and these II-B funds will be accounted for separately, similarly to how the FY 1996 Title II-B funds are being handled. Program Emphases: In this year's summer program, the Department maintains its commitment to providing the Nation's disadvantaged youth with solid work experiences, which for many youth represent the first step into the labor force. The Department of Labor's vision of the summer program is one where new entrants to the labor force and those with limited job histories: 1. build and refine a strong work foundation and employment competencies, and experience the discipline of work; and, 2. gain an appreciation of the connection between work and learning which is critical to a long-term attachment to and success in a rapidly changing labor market. This message regarding the connection between work and learning is consistent with the on-going School-to-Work message communicated by the Departments of Labor and Education to States, SDAs, local school systems, employers, and youth. We need to help youth acquire the knowledge, skills, abilities, and labor market information they need to make a smooth transition from school to career-oriented work or further education or training.

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References: Sections 162 and 303 of the JTPA; Training and Employment Guidance Letter (TEGL) No. 3-95, dated February 5, 1996. Background: TEGL No. 3-95 describes the reallotment process that was used to identify and reallot unexpended formula funds that were in excess of statutory limits at the end of Program Year 1995. Reallotment of funds has been based on expenditure reports submitted by the States. Action: Copies of the attachment should be distributed to appropriate staff. Equitable procedures for making funds available for reallotment, and distribution of funds requirements, are addressed in the notice.

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References: Chapter IV, ET Handbook No. 384, Second Edition, 20 CFR 614.12 and 5 U.S.C. 8521(a)(2). Instructions: State Employment Security Agencies (SESAs) shall use the attached schedule to determine Federal military wages for UCX "first claims" filed beginning with the first day of the first week which begins after April 5, 1997, pursuant to 20 CFR 614.12. SESAs will continue to use the existing schedule for UCX "first claims" filed before the effective date of the attached revised schedule. As provided by 20 CFR 614.12(d), the attached schedule shall be published as a notice in the Federal Register. Action Required: Administrators should provide the above instructions and the attached revised schedule to appropriate staff.

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Participants: The agenda for the conference is being designed to provide forums for all of the key members of the unemployment insurance appellate process to exchange ideas and expertise with their counterparts from other States. The administrative supervisors and managers of the lower and higher authority appeals units do not often have an opportunity for a national discussion of their common concerns about dealing with appeals operational issues. UIS is attempting to provide that opportunity, at least, every three years. The agenda is also being designed for unemployment insurance appellate board and commission members, chief hearing officers and supervisors responsible for lower authority appellate adjudications, and the chief counsels and chief executive officers of the various higher authority boards and commissions. Agenda: Current plans are for the conference to begin late Sunday afternoon, June 15, 1997 and end late Thursday afternoon, June 19, 1997. Tentative agenda topics include the following: GENERAL TOPICS 1. Service quality; 2. Coping with frustration and stress in the administrative adjudication process; 3. Ethics - Dealing with and reporting unethical conduct before, during, and after hearings on the part of attorneys; and ethical problems facing administrative staff; 4. Automation demonstrations; 5. Security and safety issues; and 6. Workshop on training, conducting workshops, panels, etc. MANAGEMENT AND ADMINISTRATIVE TOPICS 1. The changing roles of administrative and professional staff and other personnel issues; 2. Process analysis and new ideas for appeals unit operations and procedures; 3. Office equipment solutions to various problems; 4. Work flow and communication between higher authority and lower authority; 5. Ideas for saving hearing time; 6. Using management reports and data as tools in managing appellate operations; 7. Lower authority workload counting & quality evaluation; 8. Telecommuting/flexiplace & flexitime; and 9. Obtaining and using interpreters. LEGAL ISSUES/TOPICS 1. Establishing standards of and for telephone hearings; 2. Filing appeals by telephone; 3. Records that must be maintained and hearings that must be held when bias or ex parte communication is alleged; 4. Drug and drug testing issues; 5. Limits of good cause attributable to the employer; 6. Walking off the job and intent to quit and medical leave issues; 7. Separations under early retirement programs; 8. Enforcement of no smoking rules and no-fault attendance policies and misconduct; 9. Misconduct cases involving nursing homes and health care workers; 10. Decisions based exclusively on hearsay; 11. Americans with Disabilities Act and mental and emotional illness; 12. Labor standards - scope of labor market for different occupations; 13. Precedent value of related administrative/criminal proceedings; and 14. Waiver of overpayments - differing standards. Meeting Particulars and Costs: Specific information about hotel accommodations, the final agenda, and related matters will be provided in an Unemployment Insurance Program Letter which will be published at a later date. Tentative lodging costs are $95.00 plus tax per night for single or double occupancy. There will be a conference fee of about $200 for each participant. The conference fee is needed to cover the costs of guest speakers' fees and expenses, lunches, two dinners, and various expenses for meeting logistics. Action Required: SESA Administrators are requested to provide this information to the above-described SESA personnel and appellate board members and staff.

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