PUBLIC LAW 95-524—OCT. 27, 1978
92 STAT. 1957
full skill potential, primarily those in entry level positions or positions with little normal advancement opportunities. I n any program receiving financial assistance under this section— " (1) the positions for which employees are being upgraded shall be positions not regularly available to entry level employees, and for which adequately trained persons are not available; " (2) the selection of employees for u p g r a d i n g shall be based upon potential and the lack of availability for advancement in a normal promotional line; " (3) the education and skill t r a i n i n g content of the u p g r a d i n g program shall provide employees with a reasonable progression resulting in qualifications for a recognized position of greater skill, responsibility, remuneration, or career advancement in the service of that employer; " (4) the training period for u p g r a d i n g shall be reasonable and consistent with periods customarily required for comparable training; " (5) adequate personnel, attendance and progress records shall be maintained; " (6) the program shall be designed, to the extent feasible, so that additional vacancies are created for new entry level employees; ' (7) compensation shall be paid by the employer at rates, including periodic increases, as the Secretary deems reasonable, considering such factors as industry practice, skill requirements, individual proficiency, and the geographical region, but not at rates less than that received before u p g r a d i n g; and " (8) successful completion shall be expected to result in employment with the employer in the occupation for which the employee has been upgraded and at not less than prevailing wages. .: " (b)(1) Pursuant to regulations of the Secretary, prime sponsors Retraining may conduct retraining programs, including supportive services, programs, directly or through agreements with public and private employers or other organizations or agencies. ,. " (2) Entry into retraining programs shall be only for individuals v^n.* who have previously received a bona fide notice of impending layoff, and who are determined, pursuant to regulations of the Secretary, to have little opportunity to be reemployed in the same or equivalent occupation or skill level within the labor market area. " (3) Ketraining program s shall meet such standards as the Secretary shall establish by regulation. " (c) I f u p g r a d i n g or retraining is for or from jobs covered by collective bargaining agreements, agreements with employers to carry out such programs shall have the concurrence of labor organizations representing employees in such jobs. " P A R T D — T R A N S I T I O N A L EMPLOYMENT OPPORTUNITIES FOR THE ECXDNOMICALLY DISADVANTAGED
((STATEMENT
OF PURPOSE
" SEC. 231. I t is the purpose of this part to provide economically 29 USC 853. disadvantaged persons who are unemployed with transitional employment in jobs providing needed public services, and related t r a i n i n g and services to enable such persons to move into employment or training not supported under this Act.
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