TRAINING AND EMPLOYMENT NOTICE |
NO. 4-02 DATE September 20, 2002 |
TO: |
STATE WIA LIAISONS STATE RAPID RESPONSE SPECIALISTS STATE WORKFORCE ADMINISTRATORS |
FROM: | EMILY STOVER DeROCCO Assistant Secretary | |
SUBJECT: | Workforce Investment System Initiative in Support of Homeland Security As It Relates to the Federalization of the Nation's Airports |
1. Purpose. To inform the Workforce Investment System and
its service providers of roles and responsibilities involved in responding to
the statutorily mandated federalization of airport security. The federal government anticipates that the
number of layoffs of current screeners is likely to be substantial, especially
in larger airports. The President has
requested that the Department of Labor ensure, through the state and local
workforce system, the provision of quick, user-friendly, valuable and compassionate
help to those current screeners who will lose their jobs through this
process. Because the airport security
function at all airports must be federalized by November 19, 2002, timely
provision of meaningful services will be very important.
In addition,
the Workforce Investment System is ideally positioned to assist the
Transportation Security Administration (TSA) in its efforts to recruit
thousands of new security screeners. To
date, several of the One-Stop systems in large cities have been responsible for
managing TSA job fairs with great success.
The Department of Labor is pursuing a more formal partnership role with
TSA to assist in recruitment efforts.
More information in this regard will be forwarded in the near future.
2. References.
Workforce Investment
Act (WIA) of 1998
Definition of Dislocated Worker
Section 101(9)
Definition of Rapid Response
Activity
Section
101(38)
Statewide Rapid Response
Activities
Section
133(a) (2) and Section 134(a)(2)(A)(i)
EMPLOYMENT
AND TRAINING ADMINISTRATION
U.S.
DEPARTMENT OF LABOR
WASHINGTON,
D.C. 20210
Establishment
of One Stop Delivery System
Section 134(c)(1)(2)(3) and (4)
Local Fund Transfer Authority
Section
133(b)(4)
WIA
Regulations 20 CFR
Rapid Response Activities
Section
665.310
Sequence of Services
Section
663.160,165, 240, 250, 310 (a)
Waivers
Section
661.400 and 420
Aviation and
Transportation Security Act (ATSA)
Sections
110 and 111.
3. Background. On November 30, 2001, President
Bush signed the ATSA. This statute
provides new airport security rules and federalizes the security
responsibilities at major airports. TSA, which has responsibility for civil
aviation security, is currently establishing new federal security operations in
the nation's commercial airports. The ATSA mandates that all baggage and
passenger screeners must be uniformed federal personnel working for the
TSA. It also requires that all
screeners must be trained federal employees by November 19, 2002.
The ATSA establishes the following minimum criteria for
individuals to qualify for Federal screener positions. The individual must:
1.
Be a U.S. citizen.
2.
Pass a criminal background check.
3.
Be proficient in English.
4.
Pass a federal security screening personnel selection
exam.
Later in this guidance, we will provide more detailed
information about the screener positions and the TSA assessment process. Over 30,000 screeners and other personnel
will be required in order to complete the federalization of over 415 commercial
airports throughout the United States.
As of August 9, 2002, TSA had hired over 13,200 screeners, approximately
one-third of those needed by the November 19, 2002, deadline.
Presently, TSA has trained airport screeners from earlier
recruitment drives. It has federalized
a limited number of airports. It has also developed what it calls a “Mobile Screening Force” of
3,000 screeners which it deploys from airport to airport to handle ongoing
business while the conversion takes place at a particular site. TSA also has an additional pool of 4,000
federally trained airport security screeners ready to enter the Mobile
Screening Force and announced on August 9, 2002, that it is seeking another
1,000 screeners for the Mobile Force.
The TSA
Federalization Process For Airport Security Screeners
The procedure TSA is using (in most cases) to establish
the federal presence and responsibility for an airport is as follows:
TSA announces a “federalization date” when all
baggage and passenger screening activities will become the responsibility of
the federal government. This announced
date is usually within two
weeks of the effective date of the federal takeover. On the effective date of federalization, the
present contracts with private security firms expire and all current screeners
are terminated. A
mobile team of federal airport security screeners is
brought in to continue the screening function and to assure that there is no
interruption to airport screening services.
Please Note: The
impact of this federalization varies depending on the way the screener function
is currently handled at a particular airport.
Not all screeners are contract employees who screen full time. In some of the smaller airports, for
example, a screener has a number of other functions such as baggage handler,
wheelchair and transport chauffeur, and sky cap. In some cases, a screener function may be performed by an
employee of the airline on which the passengers fly. It is not clear whether individuals who presently have some screening
responsibility, if selected as federal screeners, will be required to work
full-time or whether they will continue to be able to serve in some other
capacity at the airport under some other hiring authority.
When a federalization date is announced and the Mobile
Screening Force assumes responsibility for all screening at an airport, the
former private contract screeners who have applied for federal screener
positions will be given a date, usually within two weeks, to report to a
Federal Screener Assessment Center, which TSA sets up on site at the airport or
nearby. At the assessment center, the
newly terminated screeners undergo a four-day, four-phase testing and
assessment process and a background check (criminal record and credit history)
to determine if they are qualified to be hired as federal screeners. Those who fail to pass any one of the
required test qualifications are told on the spot, in most cases, that they
have failed and (depending on the circumstances of the failure) that they may
reapply for a screener position in six months.
At the end of the four-day assessment, individuals who qualify are
offered a federal airport security screener position. This is the “employee hire date.” The federalization process and the screener
assessment process are addressed in more detail in one of the attachments.
The following day (Saturday or Sunday), those who received
an offer of employment attend an employee orientation meeting and receive an
explanation of federal employee benefits and
expectations. On
Monday, they are hired and on the payroll and begin 40 hours of classroom
training for their new federal position.
By the following Monday, they return to the airport to begin the
60-hours of on-the-job training provided by the mobile screeners who will be
supervisors of the new federal screener workforce.
Please Note: Preliminary information developed by the
TSA indicates that many current screeners will not qualify for the federal
security screener positions due to lack of citizenship and other new employment
requirements. It is this group of
dislocated workers who will require the assistance of the One-Stop system in finding
new employment. Due to the minimal
level of skills required for the airport security screener positions under the
private contractors, many of those who fail to qualify for federal positions
are expected to have other potential barriers to employment. Those barriers may include limited English
proficiency affecting the ability to
find new employment, low skill
levels relative to demand occupations in the labor market, and
minimal understanding of the
local labor market and career opportunities or how to negotiate the job search
process.
4. Responsibilities.
from airport security
federalization is a clear priority of the Department of Labor and is expected
to be achieved through a proactive effort on the part of the workforce
system.
The Department of Labor is
working closely with its counterparts at the Department
of
Transportation and TSA to assure a smooth transition for those current
employees
who will not qualify for new screener
positions.
In addition to a role addressing
the needs of current screeners who will be laid off, a number of employer
service opportunities are arising for local One-Stops to provide assistance in
the recruitment of new screeners -- either through coordinated efforts with
local TSA hiring personnel at airports when job fairs are conducted or through
the provision of additional information to individual One-Stop applicants
seeking employment opportunities.
1) Rapid Response
Activities. State
workforce systems are expected to ensure that effective Rapid Response services
are delivered to the potentially affected workers.
Please Note: It is
important that Rapid Response teams are aware of special TSA funds received by
the contractors currently providing airport security screeners. These special funds were provided by TSA to
the contractors in order for the contractors to be able to offer retention
bonuses to workers who remain on the job until the federalization takes
place regardless of whether they are likely to be offered federal
employment. While the contractors may
decide how to distribute the retention funds -- to whom and when -- the funds
cannot be used for any other purpose and unused funds must be returned to
TSA. This is an important area of
inquiry with the employer during the preliminary planning
for Rapid Response.
To the extent possible the employer should be encouraged to make this
information available to the workers early in the information process. Expectations related to the State Rapid
Response activities are attached.
Relationship to Worker
Adjustment and Retraining Notification Act (WARN) Requirements. While
there appears to be no applicable exception in the WARN Act that would
alleviate the need for advanced notice, at the present time, there has been
great variation among the private security contractors with respect to giving
the statutorily required 60-day WARN notice to the current screeners. It is important to note that receipt of a
WARN notice by the State Dislocated Worker Unit is not the only criteria for
activating Rapid Response.
Public Announcement. All State Rapid Response staff should
consider that a public announcement (WIA Section 101(9)(B)(ii)) has occurred
for the purposes of initiating Rapid Response activities. Contractors have been
aware since the passage of the aviation security legislation, that their
employees would be terminated from employment on or before November 18, 2002. State Rapid Response should not wait for
receipt of a WARN Notice to reach out to the contractors and current screeners
and their supervisors to provide appropriate information and services.
Secondary Affected Workers. Rapid Response and the local One-Stop Career
Centers will need to determine if this federalization activity has, or will
have, a ripple effect on other workers or positions at the airport in order to
determine if additional workers are dislocated as a result of the
federalization (such as contractor clerical and other support staff, uniform
cleaning companies, etc.).
Other Effects of the
Dislocation. It is also
important to determine if new openings will occur in cases where screeners who
held multifunction positions in the past will no longer be available for other
airport functions—such as transportation assistance, baggage handling,
etc.
2) One-Stop Service Planning. Through their role in the early Rapid
Response
employer contact meeting, local
One-Stop staff will have the opportunity to inquire about
service planning needs. It will be especially important to establish
the numbers
of current contract screeners
with characteristics such as lack of U.S. citizenship and English language
skill deficits. The ages and general
abilities of those not likely to meet TSA hiring criteria is also important
information for planning. This data
will permit local Workforce Investment Boards and One-Stop service providers to
anticipate additional staffing or contract needs; quickly review present service
mix plans and begin to make appropriate adjustments as necessary; and determine
the need for additional financial assistance from state and federal
sources.
3) Layoff Prior to Rapid Response
Employee Meeting. Where the federalization
of an airport occurs prior to a
Rapid Response orientation meeting with the potentially affected workers, the
Rapid Response team (working with the local One-Stop) should implement an
effective outreach effort to ensure that all workers not offered federal
employment are aware of all workforce investment services available to
them. This outreach may take a number
of forms (newspaper advertisements, special mailings
from employee lists provided by
the contractors, contacts through the Unemployment Insurance system, etc.) in
order to contact the affected workers and to provide
further activities. The form of the outreach and the scope of
the services -- a series of informational meetings, targeted workshops, a
worker transition center, or absorption
into the present One-Stop
service structure-should be made at the discretion of the Rapid Response
transition team in consultation with the One-Stop staff.
4) Access to Full Sequence of
Services. Because a number
of the workers who will
not qualify for federal
screening positions might be characterized as low skilled, it is
important to ensure that the
One-Stop assistance offered is responsive to the individual worker needs and,
where appropriate, includes not only staff-assisted core services,
but also intensive and training
services. Given the skill sets required
for the previous contract jobs, many laid off screeners may not have skills
that are competitive in the local labor market, especially if the labor market
is absorbing a large number of workers with similarly low skills.
Please Note: WIA does not require any waiting time
between when core services, commence and when intensive services and training
services are made available. When an
initial assessment (staff- assisted core service) of an individual clearly
indicates that the individual is unlikely to find reemployment without
additional assistance, the individual may move directly to intensive services
for further assessment, career counseling and development of an individual
employment plan. Any of these intensive
services may be used to document the need for training services. A discussion and consultation may then take
place. It is feasible for this to occur
in one visit to the One-Stop Career Center.
Further testing in support of determining an individual’s ability to
successfully complete a particular training course of interest to him/her can
follow.
As described earlier,
individuals going through the TSA screener assessment and hiring center are
told at various points in the process if they have not passed a particular
phase. When this occurs, further
consideration of them for TSA positions ends.
Because of this, it may be useful to approach TSA assessment center directors
to propose an onsite One-Stop presence to provide immediate referral information
to individuals who are
not successful in completing the
assessment process.
5) Resources Available. They
include the following:
§
Local formula-allocated dislocated worker funds
§
State Rapid Response 25 percent funds
§
Governor’s 15 percent funds
§
Local formula allocated adult funds. Laid off workers may qualify for services as
adults or dislocated workers depending on the local WIB policy regarding
priority for services and the income levels of the individual workers. In addition, in accordance with WIA section
133(b)(4), the local area may transfer up to 20 percent of its adult funds to
the dislocated worker funding stream.
The Department will also consider requests to waive the 20 percent
transfer limitation to some alternative percentage (with sufficient appropriate
documentation).
§
National Emergency Grant (NEG) funds
Existing
9/11 Airport Worker Dislocation National Emergency Grants.
If
funds remain unexpended and unobligated to participant individual employment
plans, the state and local area may request a modification to serve airport
workers dislocated by the federalization of the airports in response to the
9/11 events. All guidelines for
preparation of NEG modifications will apply.
Application for New NEG Funds to serve the affected current
screener
population that is not selected
for the new federal positions. Keeping
in mind that these layoffs are occurring early in the new program year, the
state and local area should carefully review their present service strategy and
funding availability prior to submitting an application for PY 2002 NEG
funds. All present NEG application
requirements will apply.
Please Note: There is additional information required in
the NEG grant
application process if a local
area and the state determine it is necessary to request reimbursement for costs
incurred prior to NEG approval.
1) Information Dissemination. ETA will provide the Transportation Security
Administration with ongoing information about the availability of state Rapid
Response and local One-Stop services for their newsletter “Transportation
Weekly,” which is provided to all airports and screeners each week. ETA articles will provide information about
accessing Rapid Response services, ETA’s Toll- Free number and the One-Stop
Service Locator. Later articles may
discuss such issues as the possible effect of quitting early on eligibility for
Unemployment Insurance benefits; availability of literacy and ESL services for
individuals who are unable to pass English proficiency tests; using job market
information and
self-assessment
tools available in One-Stop Career Centers and other
services.
2) Provision of Rapid
Response Contact Lists.
3) National and
Multi-Jurisdictional Recruitment. Activities
will be
conducted both nationally
through listings on America’s Job Bank as well as through local One-Stop Career
Centers where staff establish a relationship with the Transportation Security
Administration Airport Security Director responsible for their area’s
airport. Where several workforce
investment areas are present in the airport employee commuting area, it is
important to ensure that recruitment efforts and information about activities are
coordinated. While such coordination is
a local matter, one approach might be to have the local workforce area in which
the airport is located take the lead responsibility for making these
coordination efforts successful.
The Department of Labor is working closely with the
Department of Transportation to make
the appropriate information regarding local
recruiting/referral contacts available.
As mentioned earlier, One Stop Career Center staff can be of great
assistance to TSA recruitment staff conducting job fairs in various
cities. The present schedule for job
fairs for the next month is listed on the TSA Web site.
Information
Available on the TSA Web site
The TSA Web site (www.tsa.dot.gov) posts the necessary
information for individuals to apply online, and lists the airports for which
recruiting is presently underway, as well as a schedule of job fairs to be held
around the country. A toll-free number
for interested job candidates is also included (1-877-631-JOBS). In addition, information can be found
regarding the scheduled TSA job fairs scheduled for many major cities over the
next month. TSA has already conducted
job fairs in a number of cities. These
cities include: Atlanta, Boston, Houston, Denver, West Palm Beach,
Indianapolis, St. Louis, Boston, Minneapolis, Newark, and Las Vegas. In several instances, local One-Stop staff
worked closely with the TSA recruitment contractors, nd in several cities
provided sites for the informational meetings.
At the present time, TSA is requiring that all applicants begin their
process by applying either online, through the TSA Web site or through their
1-800 number, which connects to an automated telephone line allowing
application. Individuals who do not
make this first broad cut are notified online or on the automated line
immediately.
5. Actions Required.
A. Planning. State and local workforce investment staff
should evaluate present rapid
response policies and make appropriate response plans based on this TEN. In most instances, states that have not
initiated Rapid Response will want to initiate contacts with the security
contractors at the airports listed to determine the number of workers for which
to plan, including the identification of any workers with limited English
proficiency who may require language assistance and translation.
The Governor may establish a
threshold for providing rapid response services. Frequently, such a policy is
based upon a profile of the state’s employers.
States with few large employers may set a threshold for Rapid Response
that recognizes that many layoffs smaller than those triggering a WARN notice
may have a substantial impact on a local community and require state assistance
to address worker and employer needs.
Local
Workforce Investment Boards should review their present plans and policies
regarding large layoffs and ensure that the local One-Stop service providers
are prepared with adequate resources to meet the needs of this substantial
layoff (staffing, hours of operation,
training funds, etc.) and determine, in consultation with the state, the
availability of additional resources (if necessary) from the state itself or by
making application for a federal National Emergency Grant.
B. Immediate Contact with TSA and Airport Contractors. Local
One-Stop staff should make appropriate contact (if they have not already done
so) with the airport security director and the local TSA recruitment and hiring
contractor to initiate assistance in recruitment of suitable
applicants and in support of local job fairs.
More information will be available with regard to this collaboration in
the near future; in the meantime, please check with your
ETA Regional Office for
information and operational recommendations from other
One-Stop staff that have
assisted with the TSA job fairs.
Please note that the job fairs are strictly informational. All applications must be made by
phone or on-line. In some
instances, however, computers have been made available to individuals
interested in applying at the site of a job fair.
C. Monthly Progress Reporting. In order to monitor the progress and impact of the workforce system’s involvement in
serving those dislocated from airport jobs, as well as in assisting with TSA
recruitment efforts, ETA is requesting that states provide their Regional Offices
with a monthly update of their progress. The Department of Labor is interested
in informally evaluating the extent and timeliness of the services provided by
the workforce investment system during this time of unique national need. To the extent possible, it will
be extremely helpful to provide
whatever data is available or can be determined through methods including informed estimates.
Each monthly progress report on
this initiative should provide overall activity by the state and information
based on each airport served. The
report should be addressed to Dennis Lieberman (dlieberman@doleta.gov or via fax on
202-693-3149) with copies to your appropriate ETA Administrator. The Department of Labor anticipates that
these numbers will be cumulative over several months. Each monthly report should include (to the extent possible):
Overall state information:
· Total number of
airports served
· Total number of
dislocated workers served
· Total number of
individuals referred to TSA jobs
Information by airport in the state:
· Name/Location of airport
· Date of federalization (planned or
completed)
· Rapid Response activities
· Number of affected workers
· Date of initial employer contact
· Date of first Rapid Response orientation
meeting
· Number attending Rapid Response sessions
· Number receiving core services
· Number referred to One-Stop Services beyond
core services
-Number
receiving intensive services (to
extent known or estimated)
-Number
receiving training services (to
extent known or estimated)
-Number
receiving basic education/GED (to extent known or estimated)
-Number
receiving bilingual education (to
extent known or estimated)
· Participation in TSA recruitment activities
-Assisted
in recruitment and referral
-Assisted
with TSA job fair
-Provided
access to computers for online screener applications
-Number
of individuals served
or a number of the users. The site will also feature a calendar for
any events that are upcoming as well as a section to post any announcements
important for the site’s users to
obtain. We anticipate this site to be the central
point of contact and communication for all Rapid Response activities related to
the Airport Security Transition across the nation.
In order to be granted access to
the site, please provide your name and email address to Jeff Ryan (jryan@doleta.gov or 202-693-3546), and he
will provide you with instructions on accessing the site.
6. Inquiries. For
additional information regarding this TEN, questions may be addressed to Dennis
Lieberman, Director, Division of Adults and Dislocated Workers, Office of Adult
Services, at 202-693-3375 or dlieberman@doleta.gov.
Attachments:
1.
Expectations for Rapid Response
2.
Anticipated Questions and Answers
3.
TSA assessment and hiring process
4.
Description of TSA screener federal hiring qualifications