New York State Workforce Development System New York State
Technical Advisory
 
June 18, 2007
Workforce Development System Technical Advisory #07-8
 
TO: Chairpersons of Local Workforce Investment Boards
Chief Elected Officials
WIA Grant Recipients
WIA Fiscal Agents
WIA Local Area Contact Persons
DoES Regional Administrators
Subject:REISSUED - Procedure for Requesting Discretionary WIA Dislocated Worker Funds for the Provision of Services to Dislocated Workers due to Substantial Layoffs or Plant Closings
References:Workforce Investment Act, Section 134(a)(2)(A)(ii)
Background:The Workforce Investment Act (WIA) of 1998 authorizes the provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals.
Action:Local Workforce Investment Areas (LWIAs) on behalf of the Local Chief Elected Official and the Local Workforce Investment Board may request supplemental Dislocated Worker funds from the New York State Department of Labor (NYSDOL) to address service provision needs to affected dislocated workers that are the result of plant closings or substantial layoffs.

These funds may be requested to address plant closings and substantial layoffs that exceed the resources available through the Local Area’s formula allocations.

The grant period is generally up to 12 months. Availability of these funds will be effective July 1, 2007, and will continue until State-Level Rapid Response funds are fully obligated. To ensure expeditious and timely funding of these critical services to dislocated workers, upon approval, the NYSDOL will issue a Notice of Obligational Authority (NOA) to the requesting LWIA on a quarterly basis based on projected needs.

Please note that if a LWIA receives a distribution of WIA Discretionary Dislocated Worker funds, then these funds are not eligible for any transfer to the Adult program.

  1. Definitions:

    Plant closing is the permanent shutdown of a single site of employment affecting 50 or more workers.

    Substantial layoff is the reduction in force which is not the result of a plant closing and which results in an employment loss at a single site of employment during any 30-day period for:

    (a)(i) at least 33% of the fulltime employees; and,
    (ii) at least 50 fulltime employees. Or,
    (b) at least 200 fulltime employees.

    Fulltime Employees are those that regularly work 20 or more hours per week.

  2. Requests for Supplemental Dislocated Worker Funds

    To receive consideration for State discretionary dislocated worker funds to serve workers dislocated as a result of plant closing or substantial layoffs, a LWIA must submit a service plan and demonstrate the need for these funds:

    1. Describe the need, including the specific event that resulted in the plant closing or substantial layoffs. Provide documentation for the event which should include: why available PY 2007 Dislocated Worker resources are insufficient to address the need, current and projected service and expenditure levels for the LWIA’s formula Dislocated Worker funds and supplemental Dislocated Worker funds.

    2. Provide a profile of the affected workers of the event, the number of workers to be served, educational and skill levels of the affected workers, the types of services to be provided and proposed outcomes.

    3. Identify whether the affected workers have been determined to be trade eligible and how services will be coordinated with available Trade Adjustment Act (TAA) training funds.

    4. Provide a proposed quarterly budget and participant plan for enrollments, service levels, program outcomes and accrued expenditures for the requested State Discretionary Dislocated Worker funding.

    5. Identify any subgrantees or subcontractors as appropriate, and their anticipated roles and responsibilities.

  3. Allowable Costs

    1. These discretionary funds must be tracked separately from the formula funds by the LWIA.

    2. Funds can only be used for services to workers affected by the specific plant closing or substantial layoff event. Any unexpended funds at the end of the award period will be returned to NYSDOL.

    3. A maximum of 10% of the total grant amount may be spent on programmatic administrative type costs.

    4. Purchase of equipment costing in excess of $5000 per item is not allowable .

    5. Facility renovations are not allowable.

    Once the service plan is submitted, NYSDOL Workforce Development and Training Division (WDTD) Field staff will review the LWIA’s planned expenditures, participant levels and service levels to insure that it is in line with the needs statement. If the local area is approved for a WIA Discretionary Dislocated Worker funds distribution, a formal award letter indicating the maximum award amount will be issued, along with a NOA for the initial quarter’s funding needs. Subsequent NOA’s will be issued on a quarterly basis, and will be based on accrued expenditures and participant reports submitted by the LWIA.

  4. Planned Budget for the Project

    Please include a budget narrative for each of the totals below.

     1st Quarter2nd Quarter3rd Quarter4th QuarterSubsequent F/Y
    Staff Salaries      
    Staff Fringes      
    Contracted Services      
    Space/Utilities      
    Other Operating Expenses      
    Participant Support Payments      
           
    Total       

    Planned Cumulative Participant Information

     1st Quarter2nd Quarter3rd Quarter4th QuarterSubsequent F/Y
    # of Enrollments      
    # Received Staff-Assisted Core Services      
    # Received Intensive Services      
    # Received Training      
    # of ITAs      
    # Exited      
    # Placed      
    Average Wage Replacement Rate