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Reference: 20 CFR Part 656, Technical Assistance Guide (TAG) No. 656 Labor Certifications, and GAL No. 15-95. Background: Over the past 18 months, the Employment and Training Administration (ETA) has been considering proposals for reengineering the permanent labor certification process in order to increase efficiency in processing, reduce costs, increase protections for U. S. workers, and provide better customer service. To fully achieve all of these reengineering objectives, legislative and/or regulatory changes to the current labor certification process are required. The prospect for legislative changes is speculative, at best, and modification of the regulations could take many months to effectuate. Currently, ETA and SESAs are experiencing increasing workloads and declining staff resources to process labor certification applications. Therefore, to the extent feasible, ETA must institute measures to increase efficiency which are achievable under current regulations in order to reduce large backlogs and make decisions in a timely manner. Action Required: Administrators are requested to: A. Provide the attached policy and procedural guidance to appropriate staff. B. Insure that appropriate staff attend training conducted by the appropriate regional office prior to implementation of these measures. C. Instruct alien labor certification staff to implement the measures for increasing efficiency and follow the procedures in processing permanent labor certification applications. D. Apply these procedures to applications when processing begins on or after the effective date of this GAL. Effective Date: October 1, 1996

References: The Trade Act of 1974, as amended; Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182), 20 CFR Part 617; GAL 6-94; and GAL 7-94.

Reference: 20 CFR Part 658.410, 29 CFR Parts 31.5 and 31.7, and 29 CFR Part 32.45. Background: As a result of a settlement agreement in the case of NAACP v. Brennan (Civil Action No. 2010-72, U.S.D.C.), the U.S. Department of Labor (DOL) published Federal regulations 20 CFR Parts 651, 653, and 658 on June 10, 1980. These regulations set forth the role and responsibilities of the United States Employment Service (USES) regarding compliance of said regulations. In compliance with 20 CFR 653.109, DOL established recordkeeping requirements to allow for the efficient and effective monitoring of SESA's regulatory compliance. Pursuant to these recordkeeping requirements, Federal regulations at 20 CFR 658.410 established the State agency Job Service Complaint System and its administrative and processing procedures. ETA Form 8429 was developed for recording complaints filed with the State Employment Service Agencies. This form must be completed for ES related complaints or non ES related complaints filed by or on behalf of a MSFW, alleging Employment Standards Administration (ESA) or Occupational Safety and Health Administration (OSHA) violations, for consideration and processing by State agency officials. Discrimination complaints (except for handicap complaints) alleging violation(s) of Title VI of the Civil Rights Act, Title IX of the Education Amendments, the Age Discrimination Act, and/or Section 167 of the Job Training Partnership Act, are to be filed with the U.S. Department of Labor Directorate of Civil Rights. OMB Approval: The reporting requirements for Form ETA 8429 are approved by OMB according to the Paperwork Reduction Act of 1995 under OMB approval No. 1205-0039 to expire 8/31/99. NOTE: Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Action Required: State Administrators are requested to provide the above information to appropriate staff.

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Reference: 20 CFR 653.108(e) and 20 CFR 658.602(c). Background: The Midwest Association of Farmworker Organizations will be conducting a national farmworker conference in San Antonio, Texas on March 2-7, 1997. The conference has been planned to provide participants with sessions that will allow them an opportunity for the discussion of the most current and urgent educational, labor, health and various social issues affecting the nation's farmworker population. The purpose of the Conference is to highlight successful farmworker programs and to provide a forum that will allow individuals to develop linkages and projects through a collective and collaborative process leading to improved and comprehen- sive services for farmworkers. The sessions will be designed to facilitate specific recommendations for the development of comprehensive services that address the needs of the nation's farmworkers. Monitor Advocate Meeting: There has been considerable turnover in the Monitor Advocate positions at the National, Regional and State levels since the MSFW Regulations were initially promulgated on June 10, 1980. Many of our present Monitor Advocates never received complete training on the regulations. Additionally, the new initiatives of the Department of Labor require that existing programs adapt themselves to these initiatives. Therefore, it is necessary that the Monitor Advocate System re-examine its initial mandate so that its staff will be able to contribute to the adaptation of the Monitor Advocate Program to the new initiatives within their geographic area. A special track has been established during the conference for Monitor Advocate Training. The special track will cover the following topics: (a) Coordinated Enforcement (b) Litigation Settlement and Summary of Regulation Changes (c) Program Budget Plan (d) Services to MSFWs (e) Complaints, Violations, Discontinuation of Services (f) Reporting (g) Review and Assessment (h) Agricultural Clearance Order Activity Participants: It is important that all Monitor Advocates participate in the conference. Accommodations: The conference will be held at the Sheraton Four Points Hotel in San Antonio, Texas. The Hotel telephone number is 1-800-28-TEXAS. Ask the Hotel for the National Farmworkers Conference/MAFO Group Room Rates which are $79.13 single and $83.13 double plus tax. Pre-registration forms will be mailed directly to all Monitor Advocates by MAFO. Action Required: SESA Administrators are requested to encourage attendance of Monitor Advocate staff.

Action Required. a. Remove canceled GALs listed on Attachment A from your active files. While a GAL may be canceled, the GAL and any material transmitted with it may be retained as long as it is useful. b. Place the current checklist (Attachment B) at the front of the appropriate binder to serve as a source of reference.

References: The Trade Act of 1974; 20 CFR Part 617; and GAL 7-94 and 7- 94, Change 1. Background: In response to inquiries from the States, GAL 7-94, Change 1 provided amended Employment and Training Administration Operating Instructions to the States regarding the delivery of services to any worker who is dual eligible (that is, a worker whose separation is covered by certifications under both the regular Trade and NAFTA-TAA programs). It required States to provide every dual eligible worker, at the point at which they become eligible under the second Trade certification, with the information necessary to make a fully informed choice regarding the Trade program under which they wish to permanently participate. The intent of the GAL was to help the States encourage workers to enter training as quickly as possible after they are initially certified as eligible to receive benefits, regardless of the program under which they are certified. This GAL amends the applicant processing procedures for States for implementing the amended Employment and Training operating instructions contained in GAL 7-94, Change 1. Operating Instructions: GAL 7-94, Change 1 revised the operating instructions to the States pertaining to Nonduplication of Assistance to read as follows: The intent of this section is to prevent duplication of assistance to workers who are eligible to receive assistance pursuant to certifications issued under both the regular and NAFTA-TAA programs (dual eligible workers). In order to fairly administer this section, State agency staff must fully explain the difference between programs to dual eligible workers. This will assure that the affected workers are provided with the ability to make a fully informed choice regarding the application of benefits under both programs. A dual eligible worker who has entered, or is otherwise receiving benefits under one program, may elect to switch after being certified as eligible to apply under the second program. Under such circumstances, the State may allow the worker's benefits to continue to be paid by the first program until the first convenient break in training as determined by the State. This approach is currently used with Trade eligible workers who are also enrolled under the Job Training Partnership Act (JTPA) Title III program. In order to minimize the administrative burden on the States, once a decision is made by the worker after becoming eligible for the second program it may not be changed. This election will also stand in the case of a subsequent separation covered by the same two certifications. Revised Applicant Processing: GAL 7-94, Change 1 also revised applicant processing procedures to provide greater flexibility and reduce the administrative burden on the States to serve dislocated workers. States were informed that when a worker receiving benefits under one program elects to switch after becoming eligible for the second program, the State may, as is current practice with Trade eligible workers who are dual enrolled under the JTPA Title III program, allow the workers' benefits to continue to be paid by the first program until the first convenient break (e.g., the end of a semester/quarter) in training as determined by the State. This did not affect the prohibition that, in any event, claimants are never entitled to more than one full round of TAA services and TRA on the basis of the two certifications, nor does this new guidance change this prohibition. States have recently noted that with the increasing number of workers certified under both programs there may, at some point, be insufficient funding available to provide services to all workers requesting assistance under the regular Trade program. It is estimated that 65-70% of workers certified as eligible for NAFTA-TAA program assistance are also certified eligible for regular Trade program assistance and that a significant number of these NAFTA-TAA eligible workers currently elect to receive services under the regular Trade program. Therefore, to keep up with this increased demand for regular Trade program related services, States may, where regular Trade program funds are not available (either the State does not have funds in its regular Trade account or has not received requested regular Trade funds from the National Office), use NAFTA-TAA program funds to provide training, job search and relocation services to dual eligible workers. The State may fund such services for dual eligible workers from NAFTA-TAA program funds until regular Trade program funds are available, at the first convenient break in training as determined by the State. For purposes of participant tracking on the 563 report, workers should be counted as a participant in the program from which the funding for their training, job search or relocation services is sourced. The intent is to allow the States to effectively process the increasing number of NAFTA-impacted workers applying for assistance under the regular TAA program. This will ensure that a worker receives rapid assistance, including placement in training, regardless of the program from which the worker formally elects to receive services. Action Required: State Administrators are requested to: a. Convey the information in this directive to appropriate staff. b. Request that Trade program staff review the information and ensure that appropriate arrangements are made with both program and resource allocation staff to implement these revised applicant processing procedures. c. Encourage appropriate officials to review the present State TAA program funding and benefits delivery system to identify potential problem areas and ensure that regular Trade and NAFTA-TAA program funds are tracked and monitored in accordance with the information provided in this transmittal.

Reference: Title 20 CFR 653.500-3, 29 CFR Part 500, ESPL No. 4-95, FR Vol. 61 No. 96 (MSPA). Background: The National Office has designated NY as the pilot State for using AJB to transmit recruitment information for coded H-2A job opportunities throughout the United States. This project will not alter the legal requirements of the H-2A process, and is expected to provide information on job opportunities to more U.S. workers. As a result of using AJB in the H-2A recruitment process, electronic orders for jobs in NY will instantly be made available to all SESAs. SESAs and local entities with access to either AJB or the INTERNET will have information sufficient for referral to job opportunities resulting from H-2A orders. Unless otherwise indicated (or specifically requested) NY State staff will not routinely provide a hard copy of complete job orders to other States. This pilot project will help establish procedures for using electronic methods to comply with the regulatory recruitment requirements. If this pilot is successful for NY H-2A orders, similar procedures will be extended to all H-2A orders and to all interstate clearance orders. Action Required: State Administrators are requested to inform staff that: a. AJB will be the primary means of informing the ETA system of criteria (H-2A) job opportunities in NY State; b. The attached procedures should be adhered to in responding to NY State H-2A job orders; and c. Since only AJB will be used initially to notify the ES system of NY State H-2A openings, it is essential that local office staff in States which have traditionally received hard copies of the NY orders access AJB on a routine basis, especially during the traditional recruitment period for NY harvest orders (July 1-August 15).