STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
WORKFORCE INVESTMENT ACT
POLICIES AND PROCEDURES
NUMBER:  4006
DATE:  06-11-90 Revision

This document has been formatted for use on this web site. It contains hyperlinks that enable the user to jump directly to specific areas within the document or to related documents. The information and guidance it contains has not been revised. There are definitions for terms that may be unfamiliar. This communication applies only to ESD staff, however, local Workforce Development Councils (WDCs) and partner agencies are welcome to use the information when developing their policies and procedures.

BACKGROUND | POLICY | PROCEDURES | DEFINITIONS | REFERENCES
SUPERSEDES | WEB SITE | DIRECT INQUIRIES TO
INTERAGENCY AGREEMENT

SUBJECT:  Washington/Alaska Extended Worker Recruitment

ORIGINATOR:  WIA Title III (Wagner-Peyser) (Labor Exchange Unit)

Ideally, employers should extend their worker recruitment through their respective state agencies. In reality, however, a number of employers choose to contact the other state directly. This situation cannot be effectively controlled because employers have the right to contact the other state directly if they so choose. However, effective coordination between the two state agencies can lessen the confusion considerably.

It is the policy of the Employment Security Department (ESD) to coordinate with the Alaska Department of Labor's Employment Security Division when:

1. An Alaska employer requests that the Alaska Employment Security Division extend worker recruitment to Washington;
      

2. An Alaska employer contacts a Washington service delivery site directly to recruit workers for a work site in Alaska;
      

3. A Washington employer contacts a Washington service delivery site directly to recruit workers for a work site in Alaska;
      

4. A Washington employer requests that ESD extend worker recruitment to Alaska;
      

5. A Washington employer contacts an Alaska Job Service office directly to recruit workers for a work site in Washington; or
      

6. An Alaska employer contacts an Alaska Job Service office directly to recruit workers for a work site in Washington.

The key to determining when worker recruitment needs to be coordinated between Washington and Alaska depends entirely upon the location of the work site and the areas of expected recruitment. The state in which the employer is based is irrelevant. It also makes no difference whether the work site is ashore or afloat.

All such coordination activities are controlled through a work station in Washington identified as the "Alaska Desk", and a work station in Alaska identified as the "Washington Desk".

Although the following procedures are outlined based on worker recruitment being extended from Alaska to Washington (i.e., the work site is in Alaska); the same basic procedures apply, in reverse, when worker recruitment is being extended from Washington to Alaska.

Alaska Desk | Alaska Responsibilities | Service Delivery Site Responsibilities
Alaska Employment Coordinator Responsibilities
Job Order-Taking, Selection, and Referral Activities

Since most Alaska extended recruitment activities are concentrated in the Seattle area, the "Alaska Desk" is located in WorkSource North Seattle with a specific staff person assigned as the Alaska Employment Coordinator. The "Alaska Desk" is responsible for all job orders where the work site is in Alaska unless the Alaska Employment Coordinator determines otherwise. This includes entering the job order into the automated system and conducting all placement verification activity. The telephone number for the "Alaska Desk" is (206) 440-2484.

Alaska local Job Service offices are required to attempt to locate qualified Alaska workers before extending recruitment to other states. If no workers are available within Alaska, however, the offices are instructed to contact the employer to ascertain the acceptability of extending worker recruitment. Some Alaska employers, because of the closeness and similarity of circumstances, prefer having worker recruitment extended only to the state of Washington.

When extending worker recruitment to Washington, Alaska local Job Service offices prepare a job order that contains, at a minimum:

1. The exact dates and location of employment;
      

2. Whether or not a contract is required;
      

3. A description of working conditions, including weather, special gear or clothing requirements, and in the case of fisheries, whether the work is ashore or afloat;
      

4.  A description, including costs to workers, of any transportation, housing, and/or meals provided;
      

5. Complete referral instructions; and
      

6. The statement: "Recruitment Restricted to Washington/Alaska".

The job order completed by the Alaska Job Service office, including any screen printouts necessary for the accurate and timely capture of referral and placement information, are sent to Alaska's coordinator who forwards it to Washington's "Alaska Desk". When the job order is closed and verified, a copy of the closed order, including a list of all referrals and placements, is also sent to Washington's "Alaska Desk".

When either an Alaska or Washington employer contacts a Washington service delivery site directly (other than WorkSource North Seattle) to recruit workers for a work site in Alaska, the order taker:

1. Accepts the job order;
      

2. Documents all conditions of employment;
      

3. Informs the employer that all job orders involving Alaska work sites are coordinated with the Alaska Employment Security Division through our "Alaska Desk"; and
      

4. Contacts the Alaska Employment Coordinator (located in WorkSource North Seattle) for assistance.

When the "Alaska Desk" receives a job order from Alaska requesting extended worker recruitment in Washington, Washington's Alaska Employment Coordinator:

1. Enters the job order into the automated system; and
      

2. Conducts all placement verification activity.

When the "Alaska Desk" receives a request for assistance from a Washington service delivery site, Washington's Alaska Employment Coordinator:

1. Contacts Alaska's "Washington Desk" to ensure that:

2. Enters the job order into the automated system; and

3. Conducts all placement verification activity.

Job Order-Taking, Selection, and Referral Activities

All job orders entered into the automated system that involve Alaska work sites contain, at a minimum:

1. The exact dates and location of employment;
      

2. Whether or not a contract is required;
      

3. A description of working conditions, including weather, special gear or clothing requirements and, in the case of fisheries, whether the work is ashore or afloat;
      

4. Whether or not transportation and/or housing is provided; and
      

5. Complete referral instructions.

Once a job order has been entered into the automated system, any JSC in the state may make referrals provided the instructions found on the Job Order and Job Order Special Information Screens are followed very carefully.

NOTE: All job orders that involve Alaska work sites contain the Search Phrase "Alaska". This ensures that any statewide search will identify all Alaska job orders.

DEFINITIONS

None Needed.

The Workforce Investment Act (WIA) of 1998, Public Law 103-152 (WorkSource); the Wagner-Peyser Act as amended by WIA (Labor Exchange); the Code of Federal Regulations (CFR), Title 20, Chapter V, Part 652; and the Interagency Agreement between the State of Washington Employment Security Department and the State of Alaska Department of Labor Employment Security Division.

This communication cancels and supersedes Policies and Procedures document number 7015-1, dated June 1, 1984.

http://www.wa.gov/esd/policies 

Oscar Trevino
Employment Security Department
WorkSource Operations Division
Workforce Investment Act (WIA) Title III (Wagner-Peyser)
P.O. Box 9046, Mail Stop 6000
Olympia , WA 98507-9046
E-Mail: otrevino@esd.wa.gov            
Telephone: (360) 438-4653
Fax: (360) 438-4014
TTY: (360) 438-3167 (temporarily)

This Nonfinancial Agreement is made and entered into by and between the Washington State Employment Security Department (hereinafter called "WA ESD"), and the Alaska Department of Labor's Employment Security Division (hereinafter called "AK ESD"). The Agreement establishes guidelines for job order coordination between the WA ESD and AK ESD in situations involving extended worker recruitment.

Many of the occupations and types of industry in Washington and Alaska are similar and a segment of the workforce in each state tends to be familiar with the working and living conditions in both states. In addition, employers in one state, particularly Alaska, will occasionally request that worker recruitment be extended to the other state, or even go direct to the other state when attempting to recruit workers. Over the years, this has caused an unusual and interesting relationship to develop between the WA ESD and the AK ESD.

The purpose of this Agreement is to provide better assistance to employers in both Washington and Alaska by extending the worker recruitment process to include both states when appropriate. This Agreement does not cover interstate job orders entered into America's Job Bank (AJB) through the usual procedures.

The key to determining when a job order needs to be coordinated between the two states depends entirely upon the location of the work site. The state in which the employer is registered is irrelevant. It also makes no difference whether the work site is ashore or afloat. All job orders received by the WA ESD where the work site is in Alaska will be coordinated with the AK ESD, and all job orders received by the AK ESD where the work site is in Washington will be coordinated with the WA ESD.

Although the following responsibilities are outlined based on worker recruitment being extended from Alaska to Washington; the same basic responsibilities apply, in reverse, when worker recruitment is being extended to Alaska.

1. Inform all concerned program and field personnel of the extent and nature of services available through this agreement.
      

2. Establish a "Washington Desk" in the Ketchikan office of the Alaska Employment Service with a specific staff person assigned as Washington Employment Coordinator.
      

3. Alaska Job Service offices will attempt to locate qualified Alaska workers before extending recruitment to other states. Job orders will be placed in the Alaska Statewide Job Bank.
      

4. If insufficient workers are available within Alaska, the employer will be contacted to ascertain the acceptability of extending worker recruitment to other states. Some employers, because of the closeness and similarity of circumstances, prefer having worker recruitment extended only to the state of Washington. Employers should be aware of the possible expense and time required of them, as well as the WA ESD and AK ESD, when interviewing and selecting applicants from out-of-state. Employers should be willing to engage in positive recruitment before recruitment is extended out-of-state.
      

5. When extending worker recruitment to Washington, Alaska Job Service offices will prepare a job order that contains, at a minimum: (a) the exact dates and location of employment; (b) whether or not a contract is required, and if one is, obtain a copy; (c) a description of working conditions, including weather, special gear or clothing requirements, and in case of fisheries, whether work is ashore or afloat; (d) a description, including costs to workers, of any transportation, housing, and/or meals provided; (e) complete referral instructions; and (f) the statement: "Recruitment Restricted to Washington/Alaska".
      

6. The job order, including any screen printouts necessary for the accurate and timely capture of referral and placement information, will then be sent to Alaska's Washington Employment Coordinator.
      

7. Alaska's Washington Employment Coordinator will forward the job order to Washington's "Alaska Desk".

NOTE:  Referrals and subsequent information will be transmitted by Washington's Alaska Employment Coordinator to the Alaska Job Service office contact, or employer, as provided for in the job order.

8. Alaska Job Service offices receiving referrals will promptly verify the results and forward the referral and placement information to Alaska's "Washington Desk".
      

9. When a job order is closed and verified, Alaska's Washington Employment Coordinator will send a copy of the closed order, including a list of all referrals and placements, to Washington's "Alaska Desk".

1. Inform all concerned program and field personnel of the extent and nature of the services available through this agreement.
      

2. Establish an "Alaska Desk" in WorkSource North Seattle with a specific staff person assigned as Alaska Employment Coordinator.
      

3. Washington's Alaska Employment Coordinator will initiate recruitment on Alaska job orders extended to Washington by entering them into the automated system.

4. Washington's Alaska Employment Coordinator will contact Alaska's "Washington Desk" whenever it is learned that either an Alaska or Washington employer has contacted a Washington JSC to recruit workers for an Alaska work site. This will ensure that:

This Agreement shall be effective on the date when signed by both the WA ESD and AK ESD, and shall be in effect for five (5) years unless extended by written agreement executed by both of the parties hereto.

During the performance of this Agreement, the parties agree to comply with the terms of the following nondiscrimination provision, as well as the federal and state laws and regulations governing equal employment opportunity.

No person shall, on the grounds of race, creed, color, religion, sex, sexual orientation, marital status, national origin, age, sensory, mental or physical disability, or political affiliation be discriminated against or denied employment as a participant or staff person in connection with any program under this Agreement, provided that the prohibition against discrimination in employment because of disability shall not apply if the particular disability prevents the proper performance of the particular work involved.

In the event that one of the parties hereto refuses to comply with the above provision, this Agreement may be cancelled, terminated, or suspended in whole or in part by the other party.

Either party may terminate this Agreement at an earlier date by giving sixty (60) days written notice to the other party.

This Agreement may be waived, changed, modified, or amended only by written agreement executed by both of the parties hereto.

Problems that arise locally concerning client service or coordination activities should be resolved by local management. Problems that cannot be satisfactorily resolved by local management may be referred to the Assistant Commissioner, Employment Service Division, (WA ESD) and the Program Manager for Employment Services (AK ESD).

If a dispute should arise regarding the terms of this Agreement or the duties imposed herein, the dispute shall be resolved as follows: the WA ESD shall appoint a representative to a dispute panel; the AK ESD shall appoint a representative to the dispute panel; and the WA ESD and AK ESD representatives shall mutually agree on a third person to chair the dispute panel. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance with or waiver of this section.

The AK ESD shall protect, save, and hold harmless the WA ESD from all claims, costs, damages, or expenses arising out of the negligence of the AK ESD. Likewise, the WA ESD shall protect, save, and hold harmless the AK ESD from all claims, costs, damages, or expenses arising out of negligence of the WA ESD. In the case of negligence of both the WA ESD and AK ESD, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party.

Any waiver by any party hereto with regard to any of its rights hereunder shall be in writing and shall not constitute a waiver to any future rights which such party might have hereunder.

This Agreement shall be construed and interpreted in accordance with the laws of the states of Washington and Alaska. The venue of any action brought hereunder shall be in the Superior Court for Thurston County, Washington or the Superior Court, First District, Juneau, Alaska.

This Agreement sets forth in full the entire agreement of the parties, and any other agreement, representation or understanding, verbal or otherwise, is hereby deemed to be null and void and of no force and effect whatsoever.

If any provisions of this Agreement shall be deemed in conflict with any statute or rule of law, such provision shall be deemed modified to be in conformance with said statute or rule of law.

NOTE: This agreement (90-Z-164) was implemented in February of 1990. A signed copy is on file in ESD's Contracts Office.