Workforce Investment Act Title I-B
Washington State Policies


SECTION D: Program Plans & Operations

Grantees, subrecipients, and contractors funded under the Workforce Investment Act, (WIA) whether in whole or in part, must abide by the Workforce Investment Act of 1998, the WIA Regulations, all applicable Office of Management and Budget (OMB) circulars, state regulations in laws and rules (Revised Code of Washington and Washington Administrative Code), Office of Financial Management (OFM) policies, and the Washington State WIA policies.
EFFECTIVE DATE:
WIA POLICY NUMBER:
SUBJECT:		 June 4, 2001
3645
Business Relocation:  Standardized Pre-Award Review

BACKGROUND | POLICY | DEFINITIONS | REFERENCES | SUPERSEDES | WEBSITE 
 INQUIRIES

BACKGROUND

The Workforce Investment Act (WIA) Title I funds may not be used to encourage or induce a business or part of a business to relocate from any location in the United States if the relocation results in any employee losing their job at the original location. When a relocation results in employee job loss at the original location, WIA funds may not be used for customized training, skill training, on-the-job training, or company-specific assessments of job applicants or employees until the company has operated at the new location for a minimum of 120 days.

POLICY

In order to verify that an establishment which is new or expanding is not, in fact, relocating employment from another area, the Workforce Development Council (WDC) or its designee and the new or expanding business must jointly complete and document a standardized pre-award review. This pre-award review is a prerequisite to the business’ receipt of any WIA-funded services. As a result of the review, if it is determined that a relocation from one labor market area within the United States (U.S.) and its territories to another labor market area has occurred, the following criteria must be met:

Please note: A labor market area consists of a central city and surrounding area; it is an economically integrated geographical unit within which workers may readily change jobs without changing their residence.

  1. The relocation did not result in any employee losing his or her job at the original location; or

  2. If the relocation did result in any employee losing his or her job at the original location, the company has been in operation (e.g., in production or providing services) in the new location for a minimum of 120 days.

The attached standardized pre-award review form may be used for documenting reviews. Comparable locally developed procedures and forms may be used providing they address, at a minimum, the issues and information covered in this policy and on the attached form.

A pre-award review must document the following:

  1. Name(s) under which the establishment does business (including predecessors and successors in interest).

  2. The name, title, and address of the company official certifying the information.

  3. Whether WARN notices relating to the employer have been filed.

As part of the review, the following must be obtained from the employer:

  1. A statement from the employer about job losses at the former location and information relative to whether a bargaining agreement was in place which covered affected employees.

  2. A certification by the employer that the business is new or expanding and not a relocation.

  3. A certification by the employer regarding whether any WARN notices have been filed.

Guidelines for Considerations

As part of the review, the WDC or designee may find it advisable to consult with labor organizations and others in the affected local area.

If the local area contracts with a business to provide WIA services, the local area may want to include a hold harmless clause which passes liability to the business establishment should a disallowed cost arise as a result of the business’ actions or failure to provide accurate information.

DEFINITIONS

None.

REFERENCES

WIA Section 181(d) (20 CFR Part 652 et al., Workforce Investment Act, Final Rules, 667.268)

SUPERSEDES

None. This communication is new.

WEBSITE

http://www.wa.gov/esd/policies

DIRECT INQUIRIES TO

Susan Harris
Employment Security Department
Employment and Training Division, WIA Title I-B
P.O. Box 9046, MS 6000
Olympia, WA 98507-9046
E-Mail: sharris@esd.wa.gov
Telephone: (360) 438-4151
Fax: (360) 438-4666

Suggested Pre-Award Review Template

No funds provided under the Workforce Investment Act (WIA) shall be used, or proposed to be used, for the encouragement or inducement of a business, or a part of business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location (20 CFR 667.268).

The purpose of this review is to determine whether a business establishment is new or expanding and if there is any relation to a loss of employment in another geographic area. The pre-award review is to be completed and documented jointly by the WDC or their designee and the business establishment as a prerequisite to receiving WIA Title I assistance.

  1. Name(s) under which the establishment does business (including predecessors and successors in interest).

  2. Date the company or establishment will expand or commence operations.

  3. Name, title, and address of the company official that is certifying the information.
Name:
Title:
Address:
  1. Name and address of any facility in another geographic location that is being closed or from which business is being transferred. Provide location(s):

  2. Determine if WIA assistance is sought in connection with past or impending job losses at other facilities and identify the type of assistance requested by the establishment under consideration in this pre-award review.

  3. Provide statement from employer about job losses at the former location(s).

    4. Was a collective bargaining agreement in place that covered the affected employees?

    If so, provide the name of union representation.
  4. Consult with the labor representative to confirm whether any dislocations from the relocation occurred and provide summary of discussion.

  5. Review WARN notices relating to the employer and list dates of submission.

As the authorized official of _________________________, I certify that the WIA Standardized Pre-Award Review information set forth above is true and accurate. ______________________ agrees to defend, indemnify, and save the state of Washington, the ____________________ WDC, and ______________________ as the reviewing entity harmless from and against any and all liability, loss, damage, cost, and expense, including court costs and attorney fees (whether or not litigation be commenced), of whatever nature or type, including WIA disallowed costs, that the State or WDC may suffer, incur or be required to pay, which result from ______________________’s failure to provide accurate information in response to the WIA Pre-Award Review.

Authorized Representative’s Name: _______________________________________________

Signature: ___________________________________________________________________

Title: _____________________________________________Date: ______________________

The WIA pre-award review was conducted by _______________________________, an Authorized representative of ________________________________, in accordance with WIA State Policy on Business Relocation: Standardized Pre-Award Review. Neither the State of Washington, any Workforce Development Area, nor _____________________________, as the Entity conducting the review, shall be legally liable regarding the responses provided by ____________________________________ during the conduct of this review.

Based upon this review, WIA Title I assistance to this establishment is:

p Appropriate

p Not Appropriate

Reviewer's Name: ________________________________________________

Reviewer’s Title: _________________________________________________

Organization: ___________________________________________________

Signature: _________________________________ Date:  _______________

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