(c) Completes, or terminates prior to completion (for other than good cause), a training project in connection with which the individual received a training allowance under this Act or any other Federal Act or received unemployment compensation payments which were reimbursed under this Act or any other Federal Act or would have been reimbursed but for the fact that such payments were made under a Federal Act and which were paid with respect to such training. There is a completion of the training project when the individual has taken training for the number of weeks for which he was scheduled or rescheduled in a training project, or in the opinion of the training facility has achieved the objective of the training project.

[27 F.R. 8537, Aug. 25, 1962, as amended at 28 F.R. May 7, 1963]

§ 20.33 Maximum period for training

allowances.

Training allowances may be paid to an individual for not more than 52 weeks. A payment under Title XV of the Social Security Act, or any other Federal law, or any payment (for which reimbursement is made under this Act) to an individual while taking training shall be applied against the 52-week maximum period.

[28 F.R. 4557, May 7, 1963]

§ 20.34 Minimum duration of training.

No training allowance may be paid to an individual if he has been referred to training for less than six days.

§ 20.35 Amount of training allowance. The amount of the training allowance shall be as follows:

(a) Regular training allowance. The amount of a regular training allowance shall be the average of payments of State unemployment compensation for weeks of total unemployment paid by the State (including dependents' allowances) in the calendar quarter preceding the quarter in which the payment is computed. This amount shall be computed quarterly by dividing the total amount of such payment by the number of weeks of total unemployment compensation. The computed average, if not an exact dollar amount, shall be rounded to the next higher dollar. The amount of an allowance based upon data for a calendar quarter shall be payable for weeks of training that begin within the second

calendar quarter following the data quarter.

(b) Guam and the Virgin Islands. The amount of a regular training allowance payable to an individual selected and referred to training under Title II of the Act in Guam and the Virgin Islands shall be a percentage of the average weekly wage paid during the latest calendar quarter for which data are available. The percentage used shall be the ratio of the average weekly unemployment compensation benefit amount to the average weekly total wages in State-covered employment for the United States for the latest period for which data are available for computing the ratio. The amount computed in accordance with this paragraph shall be determined and redetermined at the same intervals and shall apply to the same periods as in other States.

The

(c) Youth training allowances. amount of a training allowance for a youth who does not qualify for a regular training allowance may not exceed the lesser of $20 or the amount of the regular training allowance in the State.

(d) Increased training allowances. A trainee who, but for his training, would have been entitled to unemployment compensation under a Federal or State law in an amount greater than the amount of a regular training allowance as provided above, shall have his training allowance increased to the amount he would have been entitled to under the State or Federal law for those weeks during which he would be entitled to unemployment compensation, including extended durations. All adjustments required by the applicable State or Federal law shall be made, e.g., deduction for pension or workmen's compensation and vacation pay. The amount and duration of an increased training allowance payable under this Act shall be for as long as the individual would draw unemployment compensation under the law of the State or under the Railroad Unemployment Insurance Act if the Unemployment Trust Fund were not reimbursed under this Act. The State will make the determination to be used in determining the weeks and amounts to which a trainee is entitled in those States that vary weekly benefit amounts during the benfit year because of (1) per employer determinations, (2) change in number of dependents, or (3) change in the State law.

(e) Reduced training allowance. The regular, increased, youth, or supplemental training allowance shall be reduced by two and one half percent of such allowance for each compensated hour of the week. No allowances to which an individual may otherwise be entitled under this Act shall be diminished in any respect because of his receipt or entitlement to any supplemental unemployment benefits or separation allowances provided under any collective bargaining agreement.

(f) Supplemental training allowance. Where the unemployment compensation received is less than the regular or youth training allowance, the difference shall be paid as a supplemental training allowance subject to paragraph (e) of this section.

[27 F.R. 8537, Aug. 25, 1962, as amended at 28 F.R. 4558, May 7, 1963]

§ 20.36 Request for training allowance.

A

(a) Furnishing of Request form. Request for a training allowance shall be made in accordance with instructions issued by the Secretary. The form shall be furnished by the training facility to such trainee immediately following each week of training; Provided, that in the event the training facility fails to furnish the Request form promptly, the State agency shall furnish the trainee with a form for late filing.

(b) Completion and mailing of Request. The trainee shall complete his portion of the Request and return it to the training facility, which shall complete its portion and mail the Request to the State agency.

§ 20.37 Training allowance when more than one State is involved.

The State agency that makes the selection and referral of an individual shall pay allowances to the individual irrespective of the State in which the training is conducted and in which the individual may be eligible for unemployment compensation. In computing the amount of the training allowance payable, the trainee shall receive as his training allowance an amount equal to the average unemployment compensation paid in the State of selection and referral or his unemployment compensation rate, whichever is greater. The State paying the training allowance shall request appropriate information from the State in which he has worked (or the Railroad Retirement Board) to es

tablish whether the individual is eligible for unemployment compensation, the weekly and total amount of such eligibility, and the termination date of the benefit year, or comparable date, and the amount of any unemployment compensation received for the week that is concurrent with or overlaps a week of the training period.

§ 20.38 Reimbursements for unemployment compensation paid by a State or the Railroad Retirement Board. (a) The Secretary will authorize credit to the railroad unemployment insurance account or the State's account in the Unemployment Trust Fund for the amount of unemployment compensation paid by the State or the Railroad Retirement Board to trainees eligible to receive training allowances under the Act, provided, the maximum amount for which reimbursement will be authorized for youth training allowances may not exceed $20 a week, and provided further, that whenever an individual eligible for unemployment compensation during a week of training elects to take an increased training allowance in lieu thereof, the total amount which the Secretary will pay as reimbursement or increased training allowance shall not exceed the total amount which he would have paid had the individual drawn his unemployment compensation first.

(b) A State that makes unemployment compensation payments to a trainee who is selected and referred to training by an agent State and who is eligible for training allowances for weeks covered by such payments will be reimbursed. The agent State making the selection and referral in such cases will determine whether the trainee would be eligible for a training allowance (but for receipt of the unemployment compensation) and will notify the State that pays the unemployment compensation of its determination. The notification by the agent State to the State making the payment of unemployment compensation will be the evidence upon which the reimbursement will be authorized.

(c) The amount of reimbursement to a State will be limited to the amount of State unemployment compensation paid for periods of training under this Act and shall not include payments made by a State pursuant to Federal law. Unemployment compensation paid under the wage combining plan will be reimbursed to the paying State. The agent State

§ 20.39

shall maintain records relating to the eligibility of the trainee for training allowances for the weeks involved in its request for reimbursement of unemployment compensation paid under this provision.

(d) Charges to the unemployment compensation entitlement of a trainee and the experience rating account of an employer may be correspondingly offset by credits to the extent the State's account in the Unemployment Trust Fund is reimbursed under the Act; Provided, The restored duration shall relate to a period following the period when training allowances are paid.

[27 F.R. 8537, Aug. 25, 1962, as amended at 28 F.R. 4558, May 7, 1963]

§ 20.39 Overpayment and fraud.

The trainee shall be required to repay the amount of any overpayment and any overpayment not repaid shall be setoff against any future allowance to which the trainee shall become entitled. Overpayments under any other program may not be offset against allowances payable The State to a trainee under the Act. agency shall use the same procedures as are provided under the State law in conWaiver of nection with this program. any overpayment may be considered and granted in accordance with State unemployment compensation laws and regulations.

§ 20.40

30

§ 20.41

Transportation allowances.

a

(a) Eligibility. A State agency may pay a transportion allowance when the training facility is not within commuting distance of the trainee's regular place of residence. The State agency shall take into consideration the distance, time and cost involved in traveling to the training facility in determining whether a trainee's regular place of residence is not within commuting distance of the training facility. Factors which may enter into a determination in this respect shall include information gathered from (1) the established labor market area, (2) local practices, or (3) a place-ofwork place-of-residence survey.

(b) Frequency. A trainee may receive a transportation allowance only at the beginning and at the end of a training project, except that:

(1) When the training facility is closed for one or more days and the trainee elects to return home he shall be entitled to receive either the transportation allowance or the subsistence allowance, whichever is less, and

(2) Payment of a transportation allowance for daily commuting may be allowed, but in no case may such allowance exceed the amount of the daily the subsistence allowance to which trainee would otherwise be entitled.

(c) Amount. The transportation allowance may not exceed the cost of the most economical public transportation the trainee could reasonably be expected to take or ten cents per mile, whichever is less.

(d) Method of payment. A transportation allowance will be paid to an eligible trainee upon the filing of a completed request, in accordance with instructions provided by the Secretary. When the payment is made in advance

(a) Training facility. The State Agency will furnish instructions and forms for use by the training facility in:

(1) Determining whether a trainee has a satisfactory attendance record and is making satisfactory progress;

(2) Where unsatisfactory attendance or progress is determined to exist, determining whether there was a good cause for such condition; and

(3) Where the unsatisfactory attendance record or progress is determined to be absent good cause, certifying the determination to the State agency.

(b) State agency. The State agency shall determine whether an individual is qualified to receive training and eligible for training allowance, subsistence allowance, or transportation allowance and the amount of the allowance. Determinations of the State agency shall conform to standards and criteria that may be required by the Secretary and to precedent decisions published by the Secretary. The State agency shall give notice to the individual affected of any determination denying an allowance; the notice shall be in writing and shall clearly state the reasons for the denial. Notice of the determination shall be personally delivered to the individual or mailed to his last known address. § 20.51 Reconsideration or review of

determination.

(a) Training facility. A determination of a training facility may be reconsidered or reviewed by the facility in accordance with its rules and regulations, which must meet the approval of the Secretary of Labor or the Secretary of Health, Education, and Welfare whichever is appropriate. Such reconsideration or review shall be final and conclusive.

(b) State agency. Any determination of a State agency with respect to allowances may be reconsidered by the agency and shall be appealable under the State's regular administrative appellate procedures except that there shall be no recourse to the State courts. Individuals

shall be advised of their right to a reconsideration or review, by the Secretary, of the final determination under the State's administrative appellate procedures.

(c) The Virgin Islands. In the case of an appeal by an individual from a determination by the agency of the Virgin Islands, the appellant shall be entitled to a hearing and decision in accordance with the procedures governing appeals in 20 CFR 611.7, 611.8 (except paragraphs (b) and (i) of § 611.8) and 611.10, insofar as such sections apply to the Virgin Islands in regard to appeals under Title XV of the Social Security Act. Notice of the decision, and the reasons therefor, shall be given to the individual, the State agency, and the Secretary of Labor as provided in 20 CFR 611.8(i).

(d) Guam. In the case of an appeal by an individual from a determination by the agency of Guam, the appellant shall be entitled to a hearing and decision in accordance with the procedures governing appeals in 20 CFR 611.8 (except paragraphs (b) and (i) of that section) and 611.10, to the extent that such sections apply to Guam in regard to appeals under Title XV of the Social Security Act. Notice of the decision, and the reasons therefor, shall be given to the individual, the State agency, and the Secretary as provided in 20 CFR 611.8(i). An appeal from a determination made in Guam which denies or reduces an allowance will be heard and decided by a referee appointed by the Secretary.

The

(e) Review by the Secretary. Secretary upon request of a trainee or a State agency, or upon his own motion, may review a decision of the authority in the State that has final administrative jurisdiction of appeals filed under the State law. Upon review the Secretary may affirm, modify or reverse the decision or may remand it with direction for further hearings. The Secretary's decision shall be final and conclusive. The Secretary may on his own motion review any determination made under the Act where review is not otherwise provided for under these regulations, and if upon such review he determines the action taken was inconsistent with the rules, regulations and procedures promulgated, he may require an appropriate modification of such determination or action.

AUTHORITY: §§ 25.1 to 25.8 issued under sec. 11, E.O. 10988, 27 F.R. 555.

SOURCE: $ 25.1 to 25.8 appear at 28 F.R. 9941, Sept. 13, 1963.

§ 25.1 Purpose and scope.

These procedures govern the nomination of arbitrators by the Secretary to perform the advisory functions specified under section 11 of Executive Order 10988. Any arbitrators so nominated will be available for either or both of the following purposes: (a) To investigate the facts and issue an advisory decision with respect to the appropriateness of a unit of Federal employees for the purpose of exclusive recognition and as to related issues submitted for consideration; or (b) to determine and advise whether an employee organization represents a majority of employees in an appropriate unit by conducting or supervising an election (wherein a majority of those voting, provided there is a representative vote, cast their ballots for or against representation), or by other appropriate means. A request for a nomination will be considered as contemplating the performance of functions within the above categories if it specifies as a purpose obtaining an advisory decision on one or more questions involved in a unit determination or determination of majority status, such as an advisory decision on the eligibility of voters or the right to appear on the ballot, arising in connection with an election to be held, or on a question relating to matters affecting the results of an election which took place afer the agreement to conduct the election had been entered into, provided such conduct materially affected the results of the election. Subject to compliance

with these procedures, the Secretary will nominate an arbitrator whenever he is so requested by an agency or by an employee organization which is seeking recognition as the exclusive representative of Federal employees in a prima facie appropriate unit and which meets all the prerequisites for seeking such recognition.

§ 25.2 Definitions.

When used in these procedures,

(a) "Order" means Executive Order No. 10988;

(b) "Agency", "employee organization", and "employee" have the same meaning as in the Order;

(c) "Recognition" means recognition which is or may be accorded to an employee organization pursuant to the provisions of the Order;

(d) "Secretary" means the Secretary of Labor.

§ 25.3 Requests for nomination of arbitrators: filing, disputes, parties, time. (a) Requests for nominations should be filed only where there exists a dispute or problem which cannot more appropriately be resolved through regular agency procedures. Parties, therefore, are expected to eliminate from their requests matters not necessary to the resolution of such dispute or problem and to use their best efforts to secure agreement on as many issues as possible before making the request.

(b) Requests for nominations may be filed either by an agency, or by an employee organization as described in § 25.1, or jointly by an agency and one or more employee organizations. Joint requests are encouraged.

(c) Subject to the provisions of paragraph (a) of this section, the Secretary will entertain on its merits a request by an employee organization for nomination of an arbitrator on a question of unit determination which is made within 30 days after receipt of an agency's final unit determination or 75 days after an appropriate request for exclusive recognition and no final unit determination has been received from the agency, provided the organization has observed any reasonable time limits established by the agency for the processing of such requests within the agency. The Secretary will entertain on its merits a request by an employee organization for nomination of an arbitrator on a question of