Common use of Participant Approval Clause in Contracts

Participant Approval. The Workforce Innovation and Opportunity Act (WIOA) and the Trade Act of 1974 and Amendments thereafter require that the following conditions must be satisfied for approving and paying the cost of on-the-job training: (a) No currently employed worker is displaced, including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits; (b) Training does not impair existing contracts for services or collective bargaining agreements; (c) In the case of training which would be inconsistent with the terms of a collective bargaining agreement, written concurrence must be obtained from the concerned labor organization; (d) No other individual is on layoff from the same or any substantially equivalent job for which such eligible participant is being trained; (e) The Employer has not terminated the employment of any regular employee or otherwise reduced the workforce with the intention of filling the vacancy so created by hiring the eligible participant; (f) The job for which the eligible participant is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals; (g) The training is not for the same occupation as that from which the participant was separated and with respect to which such participant's group was certified; (h) The Employer has not received payment under any other on-the- job training provided by such Employer which failed to meet the requirements of (a) through (f) above; (i) The Employer has not taken, at any time, any action which violated the terms of any certification described in 3(c) below made by the Employer with respect to any other on-the-job training provided by the Employer for which any other Training Operator has made reimbursement payment; and (j) There is no member of the prospective participant's immediate family engaged in an administrative capacity for the Employer.

Appears in 2 contracts

Samples: On the Job Training Program Agreement, On the Job Training Program Agreement

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Participant Approval. The Workforce Innovation and Opportunity Act (WIOA) and the Trade Act of 1974 and Amendments thereafter require requires that the following conditions must be satisfied for approving and paying the cost of on-the-job training: (a) No currently employed worker is displaced, including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits; (b) Training does not impair existing contracts for services or collective bargaining agreements; (c) In the case of training which would be inconsistent with the terms of a collective bargaining agreement, written concurrence must be obtained from the concerned labor organization; (d) No other individual is on layoff from the same or any substantially equivalent job for which such eligible participant is being trained; (e) The Employer has not terminated the employment of any regular employee or otherwise reduced the workforce with the intention of filling the vacancy so created by hiring the eligible participant; (f) The job for which the eligible participant is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals; (g) The training is not for the same occupation as that from which the participant was separated and with respect to which such participant's group was certified; (h) The Employer has not received payment under any other on-the- job training provided by such Employer which failed to meet the requirements of (a) through (f) above; (i) The Employer has not taken, at any time, any action which violated the terms of any certification described in 3(c) below made by the Employer with respect to any other on-the-job training provided by the Employer for which any other Training Operator has made reimbursement payment; and (j) There is no member of the prospective participant's immediate family engaged in an administrative capacity for the Employer.

Appears in 1 contract

Samples: On the Job Training Program Agreement

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Participant Approval. The Workforce Innovation and Opportunity Act (WIOA) and the Trade Act of 1974 and Amendments thereafter require requires that the following conditions must be satisfied for approving and paying the cost of on-the-job training: (a) No currently employed worker is displaced, including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits; (b) Training does not impair existing contracts for services or collective bargaining agreements; (c) In the case of training which would be inconsistent with the terms of a collective bargaining agreement, written concurrence must be obtained from the concerned labor organization; (d) No other individual is on layoff from the same or any substantially equivalent job for which such eligible participant is being trained; (e) The Employer has not terminated the employment of any regular employee or otherwise reduced the workforce with the intention of filling the vacancy so created by hiring the eligible participant; (f) The job for which the eligible participant is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals; (g) The training is not for the same occupation as that from which the participant was separated and with respect to which such participant's group was certified; (h) The Employer has not received payment under any other on-the- job training provided by such Employer which failed to meet the requirements of (a) through (f) above; (i) The Employer has not taken, at any time, any action which violated the terms of any certification described in 3(c) below made by the Employer with respect to any other on-the-job training provided by the Employer for which any other Training Operator has made reimbursement payment; and (j) There is no member of the prospective participant's immediate family engaged in an administrative capacity for the Employer.

Appears in 1 contract

Samples: On the Job Training Program Contract

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