Adult, Dislocated Worker, and Youth Activities

(B) Describe how the state intends to use Governor’s set aside funding. Describe how the state will utilize Rapid Response funds to respond to layoffs and plant closings and coordinate services to quickly aid companies and their affected workers. States also should describe any layoff aversion strategies they have implemented to address at risk companies and workers.

Governor Hogan’s WIOA Set Aside Funding

As required in Section 134 of WIOA, DWDAL has set aside funding for both required (section 134.2) and allowable (section 134.3) Statewide activities. The final determination of the use of available funding for allowable activities is made by the Governor or his designee. MD Labor is committed to providing funding opportunities for workforce delivery systems that are innovative and industry-driven. MD Labor is particularly interested in providing funding to workforce training opportunities in the industries identified in Governor Hogan’s strategic plan. Additionally, in an effort to further align workforce development and apprenticeship opportunities, MD Labor is committed to providing funding for apprenticeship opportunities in nontraditional apprenticeship fields.

Rapid Response and Layoff Aversion in Maryland

In Maryland, Rapid Response is a collaborative effort that involves locally defined partnerships with staff from MD Labor’s DWDAL’s Dislocation Services Unit (DSU), the Local Areas, the state’s Business Solutions Team, and the MD Labor DUI. Rapid Response teams work with both Worker Adjustment and Retraining Notification (WARN) and non-WARN businesses and employees to quickly maximize public and private resources that will minimize the disruptions on companies, affected workers, and communities associated with job loss. Generally, Rapid Response Teams provide customized services onsite at an affected company, accommodate work schedules, and assist companies and workers through the challenging transitions associated with job loss. All Rapid Responses— irrespective of the size of the dislocation event and whether it is a WARN or non-WARN situation—involve: (1) an initial business consultation, which is employer-focused, and (2) an information session, which is employee focused. DWDAL works collaboratively with the Local Areas, the DUI, and other relevant stakeholders to ensure effective, customer-centric Rapid Response provision.

As noted in MD Labor’s PI 2018-05 Rapid Response, for each Rapid Response event, it is the responsibility of the local Rapid Response team’s MD Labor Regional Business Solutions Consultant to take the lead in ensuring all relevant parties remain informed throughout the process. The local MD Labor’s Regional Business Solutions Consultant may delegate tasks to any member of the local Rapid Response team so long as all requirements contained within Maryland’s Rapid Response policy are met and Rapid Response is effectively delivered.

Once an employer has submitted a Notice of Dislocation, the DSU must complete the Dislocation Event Communication Template for distribution to the relevant Local Rapid Response team(s) across the state. For larger dislocation events involving 25+ impacted workers, the MD Labor DSU must also distribute the completed dislocation event notification form en masse to stakeholders beyond the local Rapid Response team, including the MD Labor Secretary and the Governor’s Office, to raise awareness and leverage additional support.

The local MD Labor Regional Business Solutions Consultant (or designee) is responsible for: (1) capturing detail needed for reporting purposes in the MWE; and (2) managing and coordinating the specific Rapid Response effort with relevant team members to decide:

• What approach should be taken for the initial business consultation?
• Who specifically should participate in the initial business consultation from the local Rapid Response Team and in what capacity?

WARN Protocols

To ensure quality coordination, MD Labor Business Solutions Team and DSU are responsible for sharing WARN information with relevant staff from DWDAL, the affected Local Area(s), the MD Labor DUI, and other relevant stakeholders in a timely manner. The Rapid Response team is then responsible for keeping the Local Area well informed of its anticipated actions, and for contacting the business in a timely manner to explain the importance of Rapid Response services and to determine the business’ level of interest.

Non-WARN Protocols

In the absence of a WARN, a business may contact any member of the Rapid Response team. For example, the business may contact the Local Area directly if it has an existing relationship or it may contact the DUI to ask specific UI questions. It is the responsibility of the individual who has been contacted to ensure coordination and information sharing between the Rapid Response team occurs timely. In the same way that DWDAL must coordinate with the Local Area(s), DUI, and other stakeholders in WARN situations, the Local Area(s) must coordinate with DWDAL and keep DWDAL well-informed of its anticipated actions in non-WARN situations, as it will be included in reporting to the USDOL.

Initial Business Consultation (Employer Focused)

The initial business consultation is an opportunity for designated members of the local Rapid Response team to meet with the business to understand employer needs[1] and provide information regarding the benefits of moving forward with offering an employee-focused Rapid Response Information Session.

In the initial business consultation, the local Rapid Response team should make available to employers:

• Labor market and retraining information;
• On-site UI bulk claim registration;
• Job placement services;
• Job seeking information;
• Referral to retraining opportunities; and
• Trade Adjustment Assistance.

The primary goals of the consultation are to: (1) support the business in meeting its needs; and (2) secure the employer’s commitment to offer an Information Session geared towards employees. Staff should arrange for initial business consultations on company time at the work site, when appropriate. To gain employer participation and support, the Rapid Response team shall describe the benefits of holding an employee focused information session.

The secondary goal is to obtain information about the impacted workers, so additional services can be planned and implemented appropriately. The Rapid Response team should encourage the employer to provide the following information concerning the affected employees prior to the employee focused Information Session, either by completing the template Impacted Worker Information Formor through other means. Information gained in the initial business consultation would ideally include:

• Salary range for each affected employee;
• Average years of employment;
• Gender and age breakdown;
• Retirees;
• Retirement, pension or severance packages;
• Whether job transfer will be available;
• Educational levels;
• Commuter patterns;
• Literacy issues;
• Whether there is a large English Language Learners population;
• Whether job skills are unique to the employer; 
• Whether there is a large number of older workers[2]; and
• Whether the company is utilizing an outplacement service for employees.

Prior to an employee-focused Rapid Response event, the designated Rapid Response team should also encourage the business to solicit resumes from affected employees. Staff should gather information concerning the skills and abilities of impacted workers to be used for outreach with local businesses. Staff should use the information learned during a consultation to inform future outreach opportunities and to provide information on business needs.

Information Session (Employee Focused)

The Information Session is an opportunity for designated members of the Rapid Response team to meet with the impacted workers to:

• Advise the dislocated workers on the transition services that are available via the AJCs and workforce system;
• Explain the basics of the UI benefit system;
• Provide assistance with planning for reemployment services to the labor force;
• Provide assistance with planning for and implementing an on-site displaced worker assistance center;
• Provide financial resources, as available, to assist with a wide range of employment and training services; and
• Offer informational sessions to help reduce worker anxiety and minimize negative impact on the business.

The DUI’s involvement will vary based on the size of the dislocation event and staff capacity. For dislocation events impacting 25+ employees, DUI staff must have the capacity to actively participate in the employee-focused information sessions. For smaller dislocation events, the DUI staff will participate as capacity allows.

During smaller dislocation events where DUI in-person participation is not possible, the Regional Business Solution Consultant from the local Rapid Response team should relay UI information through a standard PowerPoint and provide handouts and DUI contact information, as time permits. If not enough time is permitted to cover any/all UI information, the local Rapid Response team must instead verbally provide DUI’s contact information along with handouts of the PowerPoint presentation and other relevant materials.

At the conclusion of the Rapid Response event(s), the Regional Business Solutions Consultant (or designee) should complete the Rapid Response Summary Form and provide the summary to the local Rapid Response Team.

Layoff Aversion and Rapid Response

Business Service Team members assist eligible businesses with layoff aversion and/or Rapid Response along any given point of a business’ lifecycle.

 The Business Services Team offers an array of initiatives and strategies that work towards job creation and layoff aversion. As defined by USDOL, layoff aversion is:

• When a worker’s job is saved with an existing employer that is at risk of downsizing or closing; or,
• When a worker at risk of dislocation transitions to a new job, with the same employer or a different employer, and experiences no or a minimal break in employment.

Through on-going engagement with businesses, field representatives will establish relationships with employers and obtain basic knowledge regarding the company, their needs and processes as well as their well-being. If an employer contacts a field representative and advises them they are struggling, or if the representative suspects difficulties or obtains information suggesting trouble via news articles, current Labor Market Information or other sources, arrangements can be made to work with the employer to take a pro-active approach.

Field representatives can assist employers with strategies such as: providing assistance with incumbent worker training or other worker upskilling requirements; funding feasibility studies; connecting companies to business loan programs or other resources; establishing links to economic development activities and assistance; succession planning; proactively identifying opportunities for potential economic transition into other growing industry sectors; cost reduction; process improvement; and connecting businesses to qualified workers.

Other Uses of Governor Set Aside Funds

Innovation requires investment. Since the initial drafting of the State Plan, the WIOA partners have dedicated their efforts to providing funding for projects and interventions with the ultimate goal of systems change. As such, the WIOA Alignment Group discussed, in 2017, various proposals that would provide seed funding for Local Areas to innovate and strengthen local partnerships.   

Career Pathways and Co-Enrollment Demonstration Projects

Historically, co-enrollment between Title I WIOA Adult, Dislocated Worker and Youth programs and Title II Adult Education and Family Literacy programs has been low. As providing career pathways for adult learners is a priority within WIOA and the State Plan, Maryland announced in November 2017 a $1 million investment in Set Aside Funding for the development of career pathway demonstration projects. In 2019, Maryland invested another $0.5 million investment into this initiative.

While Maryland has had success in developing career pathway models through MI-BEST and ACE, these programs have ended. In response to the solicitation, Local Areas were awarded up to $250,000 to utilize the career pathway model in developing a program targeting adult learners. Local Areas were provided a menu of options that could be employed:

1. RAs and pre-apprenticeships,
2. Integrated Education and Training,
3. Integrated English Literacy and Civics Education,
4. English Language Acquisition,
5. Out-of-School Youth Pathways,
6. Distance Learning,
7. Transition Specialist Support, and
8. Bridge programming

The Annie E. Casey Foundation provided technical assistance for Local Areas on the subject of career pathways upon the release of the grant. The goal of this funding opportunity is to strengthen relationships and co-enrollment between Title I and Title II entities within a Local Area. The Department awarded three rounds of funding in 2018 and 2019 to seven grantees.

Reentry Navigators

The AJC at Mondawmin Mall is currently the only designated reentry center in the State. This is based on need and the premise that many ex-offenders have historically returned to Baltimore City upon their release. At the same time, correctional education programs are offered throughout the state at various institutions. Before release, inmates take part in Employment Readiness Workshops designed to make them aware of the AJCs, help with resume building, etc. However, there is no systematic approach to referring those returning to communities to the AJCs, or to area employers who would hire ex-offenders.

To address this need, MD Labor is using WIOA Set Aside Funding to hire Reentry Navigators who can serve newly returning citizens throughout the State. Reentry Navigators interface with inmates in correctional education programs (both academic and occupational) and continue to serve these individuals post-release through local AJC. Navigators also interact with businesses who hire ex-offenders. These contractual positions report directly to the Labor Exchange Administrator for the Local Area.

Maryland Business Works

MD Labor has invested about $1.5 million to date in the Maryland Business Works program. This competitive grant provides business match funds for incumbent worker training that leads to career growth and increased wages for participating workers. Participating businesses are reimbursed for 50 percent of the training costs. In FY 2020, MD Labor allocated about $330,000 for grants through this program.

Other Potential Interventions and Projects

The WIOA partners will continue to find ways to invest in the partnerships that continue to form as a result of Maryland’s implementation of the federal Act. The State is currently exploring ways, for instance, to incentivize connections between TANF/TCA and WIOA partners and 2Gen service delivery approaches. The State has also been in discussion with new plan partners to find ways to implement workforce interventions for homeless individuals. These potential interventions also align with the State’s Benchmarks for Success.     

 (C) In addition, describe the state policies and procedures to provide Rapid Responses in cases of natural disasters including coordination with FEMA and other entities.

For Disaster Planning, USDOL recommends that states use Rapid Response funds to plan for disaster response before a disaster strikes. In keeping with that recommendation, MD Labor has developed a plan and taken initial preparation and coordination steps to strive for strong disaster preparedness. In the event of a disaster, MD Labor will use Rapid Response funds to support the following activities:

• Devise prospective strategies to provide assistance to Local Areas experiencing disasters,
• Identify strategies for aversion of layoffs,
• Ensure mechanisms for regular exchange of information relating to potential dislocations are in place,
• Collect and analyze data and information for a number of purposes, and
• Hold disaster drills.

In the event of a natural disaster, mass layoff, or other emergency, MD Labor’s Secretary will work closely with the Governor and other cabinet-level staff to execute the appropriate actions in a timely manner through the Department’s position on the Maryland Emergency Management Agency (FEMA) Board. The Secretary, in turn, will communicate with appropriate staff, including the Rapid Response team, to ensure the state fulfills its obligation to deliver the appropriate services and transitions workers to new employment as quickly as possible. The Director of the Department’s Office of General Services serves as the point person for the Maryland Emergency Management Agency (MEMA). The Director takes part in daily conference calls throughout the immediate aftermath of the emergency, and interfaces with FEMA, MEMA and other state agencies to coordinate the appropriate response. That information, in turn, is provided to senior staff of the Department.

In response to multiple historic flooding in Ellicott City, Maryland, Governor Hogan requested that all cabinet secretaries worked to find ways to provide services to those affected. In turn, the Secretary worked with all senior leaders to determine the services that could be offered by the Department. The DWDAL and the DUI worked closely together to ensure that affected businesses and employees had access to technology and dedicated staff to ensure that unemployment benefits were filed and that reemployment efforts occurred immediately. The DWDAL, in turn, worked closely with staff from the Local Area to ensure that job fairs and listings were widely distributed utilizing social media and agency listservs.

Rapid Response teams are expected to be flexible and responsive. Therefore, it is appropriate that that Rapid Response teams play a key role in disaster response in partnership with other internal and external government, nonprofit, and private agencies.

If necessary, Maryland will be able to access these funds for the following activities:

• Purchase and deployment of mobile units for service delivery in disaster areas;
• Support for organizing physical locations for disaster relief centers;
• Assist individuals with applying for UI (and Disaster Unemployment Assistance);
• Support sharing information on services available, including temporary jobs through National Dislocated Worker Grants;
• Hiring staff to support range of needs of impacted individuals, including counselors; and
• Job search assistance.

The DSU, in partnership with Business Services Team, will continue to work to ensure that Maryland businesses consider the importance of having an emergency plan within their own organization as a part of the Maryland Business Services Team’s outreach efforts. Staff will offer assistance in the development of their personal disaster plan, according to their projected needs.

(D) Describe how the state provides early intervention (e.g., Rapid Response) to worker groups on whose behalf a Trade Adjustment Assistance (TAA) petition has been filed. (Section 134(a)(2)(A).) This description must include how the state disseminates benefit information to provide trade-affected workers in the groups identified in the TAA petitions with an accurate understanding of the provision of TAA benefits and services in such a way that they are transparent to the trade-affected dislocated worker applying for them (Trade Act Sec. 221(a)(2)(A) and Sec. 225; Governor-Secretary Agreement). Describe how the state will use funds that have been reserved for Rapid Response to provide services for every worker group that files a TAA petition.

The federal government provides additional services to workers whose jobs are lost, or hours greatly reduced, due to foreign trade or shifts in production out of the United States. The Trade Act program is administered, staffed, and implemented by DWDAL and DUI, alongside the state’s Local Areas. While not all job loss due to foreign competition meets the requirements of the Trade Act, the Rapid Response team will work with businesses to provide information on Trade Adjustment Assistance (TAA) and the benefits workers can receive if a business is certified as trade-affected. A business, union, the Rapid Response team, or the workers themselves can file a trade petition with the USDOL.

Rapid Response activities are offered to all worker groups notified of a layoff when the DSU receives a WARN or when notified of potential layoffs. The Rapid Response Team or Business Solutions Representative works with businesses to schedule Rapid Response information sessions for impacted workers. During these sessions, workers are informed of the various services offered by the local AJC and the UI program. When it is determined that a potential Trade impact exists, workers are informed of the Trade program benefits and options available. These individuals may receive services through their local AJC, as appropriate, prior to their certification of eligibility to apply for benefits and services under the Trade Act programs. Rapid Response funds will be utilized to provide layoff aversion activities.

These activities include recruitment events to create business connections, to support Local Area initiatives to re-train and to provide supportive services. The DSU reviews WARN notices and works with businesses to determine if a petition can be filed as early as possible to speed the process for Trade approval. If a worker has been dislocated and is waiting for TAA eligibility determination, that person can receive career services at the local center. Once a petition is approved, DSU staff notify impacted workers of the additional benefits available under Trade and how to apply. Rapid Response funds are utilized to provide assistance to Local Areas in situations where the layoff event results and a need beyond the availability of local resources, including TAA assistance. Local Boards may request additional Rapid Response funds as needed to supplement other funding to serve impacted workers that may not seek assistance under Trade. 

TAA, offered at no cost to employers, allows impacted workers to access an even wider array of services for which they would not otherwise be eligible. Once the adversely affected workers become certified under the Trade program, DUI is notified and mails out letters to each of the impacted workers of the Trade certified company. The Special Program Unit and the DSU place advertisements in local papers and/or via online publication, announcing that the company has been Trade Certified and providing instructions for next steps.

The DSU sends out packets to the impacted workers on the eligibility list that include a letter notifying them of the TAA certification, dates, times and locations where they can attend a Trade Information Session, and information on Rapid Response services. A Trade informational session (or multiple sessions) is delivered by the DSU Field Representative in coordination with the Trade Readjustment Allowance Coordinator from DUI, and Trade Program case managers local to the impacted workers. All services and benefits for which participants may be eligible based on their approved petition identifier, are presented during these events. Investigations may take several months and are concluded when USDOL makes a Trade Determination.

Irrespective of the USDOL determination, an initial Rapid Response is always offered and arranged whenever possible for workers affected by business closings, regardless of the size of the dislocation, and whether or not a WARN was received. Maryland strives to ensure all workers receive the same services and information consistently and effectively. All impacted workers may still receive services in any one of the AJCs. Once the notice of Trade Certification is received, they may transition over to the Trade Adjustment Assistance Program if they choose to take advantage of the additional services provided to them under their corresponding certification number.

The TAA Program, outlined in PI 2019-11 Trade Adjustment Assistance, enables adversely affected workers to prepare for reemployment as quickly as possible by allowing Trade-impacted participants to work individually with a case manager located in one of the statewide AJCs. The case manager will work with the DSU to enroll eligible participants in the Trade Program. Participants will be co-enrolled whenever possible, as co-enrollment allows the individual to receive career services, reemployment services, training, and support services. Funding for both programs is available at each of the AJCs. Individuals eligible for Dislocated Worker Services and TAA Services are provided career services with the same case manager, providing a seamless approach to the development of an Individualized Employment Plan.

Case management begins with an initial assessment of the individual’s skills, interests, abilities, and goals. Marketable and transferable skills are identified during this assessment process, as well as matching existing skills to available, suitable employment with local employers. Many times the trade petition is certified well after the assessment process, and because MD Labor has a co-enrollment process, the individual can continue working with the same case manager while being provided services and benefits under both the WIOA Title I Dislocated Worker program and the Trade program.

After the assessment is completed, if it is determined that the individual requires retraining in order to become reemployed in suitable employment, the case manager will continue working with the individual to develop a training plan. Participants must research training programs and requirements. They may access statewide Labor Market Information for this purpose. Training is approved if (1) the proposed training meets the six criteria for approval of training under the Trade Act, and (2) Federal Trade funds are available. The TAA state Merit staff review and make final determinations on retraining plans, ensuring they meet the Federal requirements under the Trade Act. Co-enrollment continues through the end of the retraining program ensuring the needs of the individual are met.

Maryland strives to provide high quality, integrated services that meet customer needs. When assisting trade-impacted individuals, all partners work together to provide accurate and consistent information. Both MD Labor divisions and the case manager working with the individual must collaborate when developing Individualized Employment Plans. The case manager must gather accurate information during the entire training program to provide progress updates and report on benchmarks, and to ensure that the deadlines are met. This is of paramount importance, as the individual must be able to enter and complete the retraining program in the required amount of time with the financial support provided. The DSU and the DUI Special Programs Unit work hand in hand in an effort to provide TAA training and Trade Readjustment Allowance support without interruption and in compliance with Program rules and guidance for the duration of their services.

[1] Including the possibility of Trade impact.

[2] Defined as ages 55+ in accordance with WIOA Section 3(39).