INTRODUCTION

As with the overall development of the workforce development system in New York State, the development of an effective Rapid Response and Business Retention/Aversion system across the state will be an evolutionary process. While Rapid Response services have been a part of the service delivery system for some time, there has not been an organized system in New York State that provided a comprehensive approach to quality service delivery. The opportunities presented under the Workforce Investment Act to substantially increase efforts on forecasting and aversion present all partners in the workforce development system with the challenge to develop a systemic approach to serving both the business and worker customers.

The plan as presented represents a template on how the State envisions developing a true Rapid Response and Business Retention system. The plan combines both structural and visionary elements. Many of the items related to service delivery reflect field tested techniques that have worked successfully in the past. Other elements, such as those related to the development of the business retention network, however, are new and will require time to ascertain whether or not that approach is a viable means of providing enhanced services to business. For the system to prove truly effective, relationships that may have been informal in the past will need to become more integrated and formalized so the system may be as responsive as possible.

The Workforce Investment Act identifies Rapid Response and aversion activities as a statewide-level activity to ensure a uniform statewide approach and to strive for consistency across labor markets. Unlike the One-Stop Delivery System which will develop and provide service according to local design, the events that trigger a Rapid Response and aversion activities must be more uniform in nature and should not vary by locality. The State's goal in providing this plan is to begin the process of building both that structure and that process. The plan is presented as a starting point and is intended to be modified as new approaches are identified, best practices shared and technological systems put in place. New relationships need to be forged among and between partners in the system for the State's Rapid Response and Aversion efforts to be seen as a valuable tool in the portfolio of assets that the workforce development and economic development systems provide.

The New York State Rapid Response and Business Retention Plan

The New York State's Rapid Response and Business Retention Programs will be built upon state/local collaboration and partnership, to ensure that the system will have the ability to respond quickly and act decisively to provide appropriate aversion and re-employment services at the earliest possible time.

The New York State Department of Labor has been designated by the Governor as the State's WIA agency and, as such, will be responsible for the coordination and oversight of the Rapid Response and Business Retention program, through the Division of Employment Services as the primary service delivery agent, the Division of Research & Statistics as the performance and accountability arm and the Workforce Development and Training Division, which will develop policy, design and implement opportunities for capacity building/technical assistance and provide oversight and monitoring of the WIA Rapid Response and Business Retention program.

While the statutory requirements of Rapid Response under WIA are substantially similar to those under JTPA, the Department of Labor in collaboration with state/local partners will place an increased focus on layoff aversion, the development of a business retention network and upgrade training efforts to assist workers in either retaining or securing attachment to the workforce.

The State Business Retention Network will be established, whose purpose will be the development and implementation of a business retention strategy. This network will be utilized to forecast businesses that are suitable for aversion activities, through regular contact with businesses by local and regional economic development officials. Many of these aversion activities are of a sensitive/confidential nature to the affected business. Until the public workforce system can develop a level of trust with the business community, we will not be able to maximize the newest opportunity presented to us within the WIA legislation. Business has not traditionally been a willing partner in rapid response and aversion activities although the services provided under the prior Rapid Response model could have given them a real value-added service. To maximize the opportunities available, we will establish an infrastructure that ensures confidence, compliance with WIA statute and regulations and meets local and regional economic development needs. The network's goals will be to develop a strategy and implement the system for aversion activities.

Rapid Response activities in New York will be triggered by WARN notices and intelligence developed at the state/local level which may forecast potential businesses that may be viable candidates for layoff aversion, prefeasibility, skills upgrade training and Rapid Response services. The State's Rapid Response program seeks to move substantially beyond WARN as a trigger and, through networks and systems developed at the regional and local level, will build a reporting system to assist the regional team in the delivery of timely services.

Rapid Response services will be provided by Regional/Local Rapid Response Teams and coordinated by the State Rapid Response Services Unit to ensure consistent quality Rapid Response services across the state. The Regional /Local Rapid Response Team will include but is not limited to representatives of the following entities: Division of Employment Services, Division of Research & Statistics, Local Workforce/One-Stop System, state and/or local economic development agency, state and local stakeholders/partners and organized labor, as appropriate. Team composition may change depending on the nature of the services to be provided to the affected workforce or business. The Rapid Response Specialist, as designated by the Division of Employment Services, will remain the point person through which Rapid Response events will be initiated.

State-Level Roles & Responsibilities

The State Business Retention Network includes but is not limited to, DoES Regional Administrators, Workforce Development and Training, NYS Economic Development Council, Empire State Development Corp. and other state/local stakeholders as identified by the Workforce Development and Training Division.

• Develop and maintain a business information system to forecast potential businesses that may be viable candidates for aversion activities (see attachments). The system will consist of, but not be limited to, an electronic information sharing system to ensure that information can be shared in a timely and efficient manner and appropriate confidentiality measures will be ensured, and checklist to ensure analysis of potential aversion assistance to business are uniform.
• Develop and implement a statewide marketing campaign to businesses on the benefits of Rapid Response and early aversion/business retention activities in consultation with Workforce Development and Training.
• Identify businesses in need of aversion activities and initiate contact with appropriate business representatives, in consultation with Workforce Development and Training.
• Develop and implement aversion strategies to assist businesses in their continued economic viability and competitiveness.
• Prepare and transmit quarterly reports to the Workforce Development and Training on all business retention activities for the preceding quarter.
• Development and implementation of aversion procedures and systems must be completed by June 30, 2001. A final report documenting these must be submitted to NYSDOL, no later than September 30, 2001.

The State DoES Rapid Response Services Unit:

• Implement procedures to ensure a degree of consistency of services across all regions, including but not limited to coordinating Rapid Response efforts with TAA/NAFTA programs;
• Disseminate best practices for Rapid Response to the workforce development system;
• Identification of capacity building and technical assistance needs for the Rapid Response System to ensure quality services across the state;
• Coordinate with the Division of Workforce Development & Training, training for state and local Rapid Response staff to analyze business trends and forecast potential businesses for aversion activities;
• Maintain WARN system and disseminate appropriate information to regional teams to activate Rapid Response services;
• Provide technical assistance in the development of intra- and interstate Rapid Response agreements, in conjunction with Regional/Local Rapid Response Teams;
• Promote the use of Labor-Management Committee, where appropriate.

Division of Research & Statistics:

• Develop and maintain performance measures for the Rapid Response and Business Retention program;
• Provide training for state and local Rapid Response staff on how to analyze business trends and forecast potential businesses for aversion activities, in coordination with the Business Retention Network;
• Develop in conjunction with the Business Retention Network a business information database;
• Provide analysis of Rapid Response data for enhancement of service delivery.

Division of Workforce Development & Training:

• Develop and issue Rapid Response and Business Retention policy guidance;
• Develop, in conjunction with the State Rapid Response Services Unit and the Business Retention Network, and implement capacity building and technical assistance sessions for Rapid Response and Business Retention Network staff and partners;
• Identify, in conjunction with the State Rapid Response Services Unit and the Business Retention Network, appropriate funding streams for layoff aversion and business retention activities;
• Develop and issue Rapid Response and Business Retention Network solicitations; develop and monitor contracts with partners resulting from those solicitations;
• Analyze, in conjunction with the Division of Research & Statistics, relevant Rapid Response and Business Information data, for the provision of oversight, monitoring, and technical assistance to the WIA Rapid Response and Business Retention system.

Regional & Local Roles & Responsibilities

The Regional/Local Rapid Response Team's primary mission will be to assist in the provision of Rapid Response activities and core services to address the anticipated event. The Rapid Response services that will be provided by the Regional/Local Rapid Response Team, include but are not limited to the following:

• Develop and implement a checklist for all rapid response activities to ensure that services are consistent statewide and notification and provision of services are timely and efficient.
• Implement state and local Rapid Response marketing strategies to local/regional businesses;
• Develop, under the guidance of the Rapid Response Specialist, and implement local/regional strategies to coordinate immediate re-employment services for affected workers, with local One-Stop system and other placement firms, as appropriate;
• Initiate on-site Rapid Response event for all WARN notices and other events as coordinated by the Rapid Response Specialist;
• DoES One-Stop System staff will provide and/or coordinate the provision of Rapid Response core services to affected workers that may include but not be limited to: intake, eligibility determination, initial assessment, UI assessment, job placement assistance, LMI and résumé preparation workshops, etc., in conjunction with all Regional/Local Team members;
• Division of Unemployment Insurance staff will provide information on UI claims under the direction of the Rapid Response Specialist;
• Assist in the development and implementation of a strategy to transition customers from Rapid Response activities to local One-Stop System upon layoff if aversion or placement has not been attained;
• Utilize the database to track Rapid Response services and program outcomes;
• Promote the use of Labor Management Committees, as appropriate;
• Assist in the application for NAFTA, TAA and other discretionary funds (i.e. National Emergency Grants), as appropriate. Where appropriate, Team members must dually enroll affected workers to leverage maximum resources to address the workers' needs.
• Provide NYSDOL with quarterly reports of Rapid Response activities;
• Coordinate with DoES Regional Administrator and Workforce Development and Training, all regional/local business intelligence, trends to forecast potential businesses for business retention/aversion activities;
• Develop strategies and implement business retention/aversion activities in consultation with DoES Regional Administrator and Workforce Development and Training.

Contractor Roles & Responsibilities

As appropriate, the Workforce Development & Training Division will contract through a competitive process with entities which will assist in the implementation of the Rapid Response and Business Retention program. Typically, these contracted functions will be to enhance the quality of the delivery of services to both business and affected workers. All contractors engaged in the provision of services to affected workers will be required to provide information to the team for calculation of Rapid Response performance measure purposes. The contractors will assist in the development of the business information system to provide business intelligence and identification of business retention/aversion strategies (if appropriate). For Program Year 2000 the contractors are:

• New York State AFL-CIO which, through its extensive network of union representatives across the state, will assist the Regional/Local Teams in the delivery of Rapid Response services to union members. Additionally, the AFL-CIO network will promote the use of labor management committees in appropriate circumstances. (See Attachments)
  
• The New York State Association of Counties which, through its statewide network of local officials, will assist in the development of the business retention network and the provision of services to affected workers, where appropriate. (See Attachments)
• The New York State Economic Development Council which, through its statewide network of economic development officials, will assist in the development and implementation of a statewide Rapid Response marketing strategy to businesses. The goal of this strategy will be to greatly enhance use of Rapid Response by businesses not required to file the federal WARN notices. (See Attachments)
• Private Employment Agencies, with their presence throughout New York State, will be utilized as part of the Rapid Response team, to assist in placement activities. The decision to seek the assistance of a placement firm as part of the team will be a team decision made on a case-by-case basis. Placement firms will not be paid out of the WIA Rapid Response allocation for any services rendered as part of a Rapid Response activity.

Performance Measures of the Rapid Response and Business Retention System

Rapid Response Performance Measures that will be reported are:

• Number of individuals that entered into unsubsidized employment and/or averted layoff;
• Six-month retention in unsubsidized employment;
• Attainment of educational or occupational skill credential. Quarterly reports of Rapid Response/WARN layoff aversion activities must be provided to the New York State Department of Labor and local workforce investment boards no later than 30 days after the end of each calendar quarter. Reportable layoff aversion activities may include but are not limited to:
  • Notification of pending layoffs reported to Regional Rapid Response teams and LWIBs;
  • Contacts with employers planning to layoff workers, representatives of affected workers and local communities. Rapid Response Specialist will report and submit to NYSDOL copies of reports it prepared for Regional Rapid Response teams and LWIBs assessing the following:
    • Issues contributing to the decision to layoff employees
    • Layoff plans and schedule of the employer
    • Potential for averting layoff; assessment of available options in consultation with the business retention network
    • Background and probable assistance needs of the affected workers
    • Reemployment prospects for workers in the community
    • Available resources to meet short- and long-term needs of the workers
  • Efforts to promote, form, and train labor-management committees or a workforce transition committee;
  • Provision of assistance to local workforce investment boards responding to dislocation events.

Attachment A
Attachment B