TRADE PROGRAM in Massachusetts

1. TRADE PROGRAMin Massachusetts Deval L. Patrick, Governor Timothy P. Murray, Lieutenant Governor Suzanne M. Bump, Secretary Rosemary Chandler, Director Division of Career Services

2. What is the TAA Program? • The TAA program helps workers who have lost their jobs as a result of foreign trade. The program offers a variety of benefits and services to eligible workers, including: • job training • income support (TRA) • job search and relocation allowances • a tax credit to help pay the costs of health insurance (HCTC) • a wage supplement to certain reemployed trade-affected workers 50 years of age and older (RTAA)

3. Speaking the Language of Trade

4. Is TAA the Same As the Trade Act? • Yes – the following terms are often used interchangeably: • They are all referring to the Trade Adjustment Assistance for Workers program. • TAA • TAA program • Trade program(s) • Trade Act * * Though the Trade Act and TAA are often used interchangeably, the Trade Act is the law that actually established the TAA program

5. Some History… • The TAA program was first established by the Trade Act of 1974, and has been amended several times. • It was amended in 2002 through the Trade Adjustment Assistance Reform Act of 2002. Most recently, it was amended in 2009 through the Trade and Globalization Adjustment Assistance Act of 2009.

6. Purpose • The TAA program has and will continue to help workers who have lost their jobs as a result of foreign trade to quickly rejoin the workforce by providing them with the means to attain competitive and marketable skills for today’s increasingly competitive work environment.

7. Working Together One-Stop Career Centers (OSCC) Provide employment and case management services Division of Career Services (DCS) Administers TAA benefits Division of Unemployment Assistance (DUA) Administers TRA benefits

8. Basic Overview • Company files a petition • DOL investigates the petition. If approved, DOL issues a certification; a five-digit number is assigned to the certification • Workers are notified about the Trade certification by DCS • Workers go to OSCC for services and case management • Benefits are administered by DCS and DUA

9. Old or New? • There are currently two sets of regulations operating concurrently: the 2002 Act and 2009 Act.

10. Trade Readjustment Allowances (TRA)

11. Training Services

12. Deadlines

13. Waivers

14. Job Search Allowances

15. Relocation Allowances

16. Health Coverage Tax Credit (HCTC)

17. ATAA / RTAA

18. ATAA / RTAA (continued)

19. Initial Process • Disclaimer: • There will be NO baked goods at the end of this training.

20. A Petition is Filed and Then What? • Once a company files a petition, DOL investigates and looks to issue a determination within 40 days. • If the petition is certified, DOL issues the following important dates: • Impact Date – A year prior to the petition filing date • Expiration Date – Two years after the certification date A worker’s separation must fall between these two dates in order to apply for Trade benefits.

21. A Petition is Filed and Then What? • After the petition is certified, the Trade Unit at DCS provides the following notices: • Interested Parties Notice – Notification of the certification is sent to vocational schools, community colleges, and career centers. • Legal Notice – A legal notice is placed in a large newspaper in the area where the company is located or where the majority of workers reside. • Individual Notices – An information packet is sent to each affected worker (both currently employed & laid off) of the certified company.

22. List of Affected Workers • To ensure that DCS notifies all of the affected workers, the Trade Unit will: • Contact the company directly or contact Rapid Response to obtain lists of affected employees from the company, and • Request a list of UI claimants from DUA who filed a claim against the company back to impact date.

23. Career Center Services • Sec. 235 – Employment and Case Management Services • State agencies must provide these services to trade-affected workers: • Comprehensive and specialized assessment of skill levels and service needs • Development of an individual employment plan • Information on training and financial aid • Prevocational services (eg, communication skills, interviewing skills, personal maintenance skills, etc) • Individual career counseling, including job search and placement counseling • Employment statistics information • Information relating to supportive services (child care, transportation, housing assistance, etc)

24. Co-Enrollment • Co-enrollment allows trade-affected workers to receive supportive services that may assist in a quicker transition to work: • Career Centers should fully integrate TAA participants and resources into the One-Stop Career Center system, thereby maximizing and enhancing exiting employment and case management structures. • Wagner-Peyser • WIA (Dislocated Workers)

25. Wagner-Peyser • All Trade participants are enrolled in labor exchange • Marketability must be tested before a participant may receive training • Labor Market Information (LMI) must be used in this process • Appropriate workshops • Workshops (resume, interviewing skills, etc) should be provided immediately to those deemed to be marketable • For workers in training, workshops should be provided before conclusion of training to prepare for employment

26. WIA (Dislocated Workers) • All Trade participants are potentially eligible for the WIA Disclocated Worker program • ETA holds that Trade-eligible participants are dislocated workers • Provides for in-depth assessment of participants • Provides for ongoing case management

27. Deadlines and Extenuating Circumstances (EC) • Watch out for those deadlines!

28. Deadlines • A worker must meet certain deadlines in order to be eligible for TRA (income support).

29. Deadlines • A worker must be enrolled in training no later than: • This means that the worker must be approved for training by the Trade Unit by the deadlines. • Alternatively, the worker may be approved for a waiver by the Trade Unit by the deadlines. • 26 weeks from the date of petition certification OR • 26 weeks from the worker’s most recent total separation from the certified company

30. Extenuating Circumstances (EC) • What if a worker is unable to meet the deadlines and requires an extension? • Worker must be enrolled in training or be approved for a waiver no later than: • 26 weeks from the date of petition certification OR • 26 weeks from the worker’s most recent total separation from the certified company • 45 days “extenuating circumstances” extension is possible

31. Extenuating Circumstances (EC) • The Extenuating Circumstances (EC) extension extends the 26 week deadlines by an additional 45 days. • “Extenuating Circumstances” must be circumstances beyond the control of the worker. • The “Secretary” determines if there are extenuating circumstances that justify an extension in the enrollment period – the state acts as the Secretary in this case.

32. Extenuating Circumstances (EC) • Training & Employment Guidance Letter (TEGL) No. 11-02 states: • “Extenuating circumstances” are situations that could arise when training programs are abruptly cancelled or where the first available enrollment date is past the end of the 60-day period, as well as in cases where a worker suffers injury or illness that adversely affects the worker’s ability to enroll in training.

33. Extenuating Circumstances (EC) • There is no single, universally endorsed definition of “extenuating”. • In general, the situation must be beyond the individual’s immediate control and must be unusual and/or infrequent, unexpected, and significantly disruptive. Examples include: • Hospitalization • Family bereavement • Incarceration • Domestic displacement • Etc.

34. “Good Cause” Provision • What if a worker has missed ALL of the deadlines? • The 2009 Act allows the state to apply a “good cause” provision to time limitations. • There are two types of Good Cause provisions: • Good Cause Within 30 Days • Good Cause Beyond 30 Days

35. Good Cause Within 30 Days • If a worker has missed the 26-week deadlines, s/he should apply for an Extenuating Circumstances extension. • If the worker has also missed the EC deadline, and it is within 30 days after the EC deadline, then s/he may apply for a Good Cause Within 30 Days provision.

36. Good Cause Within 30 Days • There are 11 reasons a worker may be approved for a Good Cause Within 30 Days provision: • Career Center or State staff directly discouraged worker to file • Death of household member or immediate family • Delay in mail • Determination / Notice never received • Emergency family crisis • Illiteracy or mental disability to understand • Intimidation, coercion, or harassment by employer • Limited English • Out of state seeking employment • Serious illness or hospitalization • Other

37. Good Cause Beyond 30 Days • If a worker has missed the 26-week deadlines, missed the EC deadline, and it is beyond 30 days after the EC deadline, then s/he may apply for a Good Cause Beyond 30 Days provision. Good Cause Beyond 30 Days Good Cause Beyond 30 Days Good Cause Beyond 30 Days Good Cause Beyond 30 Days

38. Good Cause Beyond 30 Days • There are 4 reasons a worker may be approved for a Good Cause Beyond 30 Days provision: • Once a worker is notified, it must be documented in MOSES (NOTES). The worker will then have 60 days to be approved for training or on a waiver from training to be potentially eligible for TRA. • No other reasons will be accepted for Good Cause Beyond 30 Days! • Career Center or State staff directly discouraged worker to file • Determination / Notice never received • Determination / Notice received after 30 days • Intimidation, coercion, or harassment by employer

39. Reminder About Good Cause • A worker must first apply for the Extenuating Circumstances extension. If the EC extension is not approved, then the worker cannot apply for the Good Cause provision. • This is because if the worker does not have circumstances that are extenuating, then s/he would not have good cause, either.

40. Re-cap of Deadlines • A worker must be enrolled in training or be approved for a waiver no later than: • 26 weeks from the date of petition certification OR • 26 weeks from the worker’s most recent total separation from the certified company • 45 days “extenuating circumstances” extension is possible Remember, workers only need to meet these deadlines if they want to be eligible for TRA income support. If they miss the deadlines, they can still potentially get training, but will have no income support from Trade.

41. Training Services • Training Under the Trade Program

42. Mission of Training • Trade’s Axiom: • The least amount of training at the lowest possible cost in the shortest amount of time to be able to obtain “suitable employment”.

43. 6 Criteria for Training • There is no suitable employment (which may include technical and professional employment) available for the adversely affected worker. • The worker would benefit from appropriate training. • There is a reasonable expectation of employment following completion of such training. • Training approved by the Secretary is reasonably available to the worker from either governmental agencies or private sources. • The worker is qualified to undertake and complete such training. • Such training is suitable for the worker and available at a reasonable cost.

44. Suitable Employment • Suitable employment is defined in the Trade regulations as work of an equal of higher skill level and with a wage of at least 80% of the worker’s prior average weekly wage.

45. Reasonable Cost • $7,000 for remedial training • $17,000 for vocational training • $25,000 for degree programs • $30,000 max including travel, subsistence, etc. Currently in Massachusetts, a training program (tuition, fees and books) cannot exceed:

46. Length of Training • If a worker’s TRA will run out prior to the end of training, the training may be approved if the worker demonstrates the financial ability to complete the training after the end of TRA. Training which exceeds the maximum number of weeks allowed may not be paid for under the TAA program.

47. Some More Changes

48. Training Prior to Separation • Training may be approved before separation for adversely affected workers. The incumbent worker must be someone who: • Is a member of a group of workers that has been certified as eligible to apply for TAA benefits • Has not been totally or partially separated from employment, and • Is determined to be individually threatened with total or partial separation (will be monitored via case management).

49. One Training Per Certification • A worker may only be approved for one training program per certification. • Therefore, a training program begun prior to separation counts as that one training program, and the training plan should be designed to meet the long-term needs of the worker. • Note: A training program may be comprised of several training components (ie, remedial training first, then vocational training)

50. Training Under Trade • Remember, to be eligible for TRA, a worker must be approved for training (or be approved for a waiver) no later than: • 26 weeks from the date of petition certification OR • 26 weeks from the worker’s most recent total separation from the certified company • 45 days “extenuating circumstances” extension is possible Prepare and submit your training packages (requests) to allow sufficient time for review by the Trade Unit.