STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
WORKFORCE INVESTMENT ACT
POLICIES AND PROCEDURES
NUMBER:  4034
DATE:  09-15-04 (Revised)

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 been revised and new sections have been added. There are definitions for terms that may be unfamiliar. This communication applies to only ESD staff, however, local Workforce Development Coucils (WDCs) and partner agencies are welocme to use the information when developing their policies and procedeures.

BACKGROUND | POLICY | PROCEDURES | DEFINITIONS
REFERENCES | SUPERSEDES | WEB SITE | DIRECT INQUIRES TO

SUBJECT:  Federal Contractor Job Listing Program (FCJLP)

ORIGINATOR:  WIA Title III (Wagner-Peyser) (Veterans’ Services Unit)

Any contract in the amount of $100,000 or more entered into by any federal department or agency for the procurement of personal property and non-personal services, including construction for the United States government, contains a provision requiring that the party contracting with the United States take affirmative action to employ and advance in employment qualified Disabled Veterans, Veterans who served during an action for which a Campaign Badge was authorized, Veterans who received armed Force Service Medal and recently separated veterans. This also applies to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services, including construction for the United States government. Each contractor holding such federal contracts is required to list all of their suitable job openings with the appropriate local service delivery site (this does not apply to federal grants or other monies received not as the result of a federal contract). These requirements pertain to job openings that exist at the time of the execution of the contract and those that occur during the performance of the contract.

The Federal Contractor Job Listing Program (FCJLP) requires the listing of job openings with local service delivery sites and consideration of employment service referrals at least concurrently with the use of any other recruitment source, including the employer's own applicant files, and involves the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of Veterans and non-veterans. The listing of the opening does not require the hiring of any particular job applicant or any particular group of job applicants.

The provisions of this document do not apply to job openings which the contractors propose to fill from within their own organization or to fill pursuant to a customary and traditional employer/union hiring arrangement. This exclusion does not apply once the employer decides to consider applicants outside its own organization or employer/union arrangement for that opening.

NOTE:  As used in this communication, "all suitable job openings" includes, but is not limited to, openings which occur in production and non-production; plant and office; laborers and mechanics; supervisory and non- supervisory; and technical, executive, administrative, and professional openings that are compensated on a salary basis of less than $25,000 per year. This term includes all full-time and part-time employment. It does not include openings in an educational institution which are restricted to students of that institution.

It is the policy of the Employment Security Department (ESD) to develop job opportunities for Veterans and Other Eligible Persons through the utilization of the Federal Contractor Job Listing Program (FCJLP)

Responsibilities of WorkSource Operations Division
Responsibilities of DVOP and LVER | Job Order-Taking | Selection and Referral
Options Available To Employers | Complaint Process | Evaluation Process

The Department of Labor has contracted with the University of Colorado at Denver to provide each state with updates of all contract awards. These updates were transmitted to the WorkSource Operations Division’s Veterans' Services Unit. Federal contractor award information is now available at the Federal Contractor Award Information System (FCAIS) web site.

Upon notification of the initial contract award, the Local Veterans’ Employment Representative (LVER) or Disabled Veteran Outreach Program (DVOP) specialist staff schedule a visit to the employer's place of business to explain the law, ESD's referral services, and to emphasize ESD's willingness to assist them with their efforts. Employer records are set up for each federal contractor upon notification of the contract award. All initial contacts are recorded on the employer record with the following notation: "Discussed FCJLP". Subsequent contacts are made on an annual basis only as long as the employer has a federal contract, either by a personal visit, telephone call, or letter, whichever is most appropriate.

Each LVER ensures that an accurate and up-to-date master listing of federal contractors is maintained and used by all staff with order-taking responsibilities. 

Employer Profile Check box Automatically Sets Job Order Check box.

Employer Profiles where the Federal Contractor is checked will automatically set the Check Box on subsequent Job Orders when created to FCJL as Checked.

The Display Box for FCJL on JOB ORDERS will automatically be Checked if- The Employer Record identifies the employer as a Federal Contractor. Staff responsible for entering Employer Profiles must check box the Federal Contractor item if appropriate. If the Employer is a federal contractor, but the job listing is not part of that contract, the Check Box on the Job Order should be turned off for that Job Listing only.

NOTE:  Order-takers also ensure that the "Affirmative Action" field on the employer profile form is properly marked as federal contractors often times have to have an affirmative action plan in place (see Policies and Procedures communication number 4002, Job Order Taking under Affirmative Action Programs).

The LVER is responsible for and ensures the prompt job match (seek search) and referral of any qualified veterans on each job order received from a federal contractor. Non-veterans are referred only after the LVER has exhausted all recruiting efforts for Veterans.

There are three ways to comply with the mandatory listing requirements:

1. Employers post their jobs with the nearest service delivery site as they have in the past.

2. Employers enter the job listing through America’s Job Bank (AJB) current direct entry system.

3. Employers enter the job listing through the new mass entry system on AJB. This consists of establishing a routine linkage between the employer's human resources computer system and America’s Job Bank, which automatically lists all jobs on America’s Job Bank.

Whenever a Veteran wishes to file a complaint against a federal contractor identified under the FCJLP, he/she is assisted in writing the letter by either the LVER or DVOP. The letter is then sent to:

Office of Federal Contract Compliance
Federal Office Building
Suite 745
1111 Third Avenue
Seattle, Washington 98101-3212
(206) 206-398-8016

Due to the emphasis placed on the FCJLP by the Department of Labor, the federal Veterans' Employment and Training Service (VETS) is including the FCJLP as a part of its evaluation process. Therefore, each service delivery site maintains FCJLP records consistent with good management practices.

Definitions relating to Veterans are found in Policies and Procedures communications number 4030, Services for Veterans.

The Workforce Investment Act (WIA) of 1998, Public Law 105-220 (WorkSource); the Wagner-Peyser Act as amended by WIA (Labor Exchange); Title 38, United States Code (USC), Chapters 41 and 42 (Veterans); and the Code of Federal Regulations (CFR), Title 20, Chapter V, Part 652, Subpart B, and Chapter IX, Parts 1001 and 1005 (Veterans).

This communication cancels and supersedes Policies and Procedures communication number 4034, dated April 16, 2000.

http://www.wa.gov/esd/policies 

Chip Kormas
Employment Security Department
Employment and Career Development Division
P.O. Box 9046, Mail Stop 6000
Olympia , WA 98507-9046
E-Mail: ckormas@esd.wa.gov            
Telephone: (360) 438-4068
Fax: (360) 438-4014