Iowa Administrative Code › Agency 877 - Workforce Development Board and Workforce Development Center Administration Division › Chapter 1 - Workforce Development Board › Rule 877-1.6 - Coordination With the Department of Corrections on Construction and Maintenance Projects

Current through Register Vol. 47, No. 3, July 24, 2024
To assist the department of corrections with the employment of
				offenders on construction and maintenance projects, the department of workforce
				development shall be responsible for coordinating the following process:
(1) Prior to an employer's submitting an
			 application to the department of corrections for employing offenders on a
			 construction or maintenance project, the employer shall place with the nearest
			 workforce development center a job order with a duration of at least 30 days.
			 The job order shall be listed statewide in all centers and on the department of
			 workforce development's jobs Internet site.
(2) The department of corrections shall send
			 a letter requesting verification of the employer's 30-day job listing, the
			 average wage rate for the job(s) the offenders will perform, the current
			 unemployment rate in the county where the employer is located, and the current
			 employment level of the company that will employ the offenders. The letter
			 should be sent to Division Administrator, Division of Policy and Information,
			 Iowa Workforce Development, 1000 East Grand Avenue, Des Moines, Iowa
			 50319.
(3) The department of
			 workforce development shall verify in writing the job listing, including the
			 number of qualified applicant referrals and hires made as a result of the job
			 order, the average entry-level wage rate for the proposed job(s), the
			 entry-level wage range, the prevailing wage as determined by the U.S.
			 Department of Labor, the current unemployment rate for the county where the
			 employer is located, and the current employment levels of the company that will
			 employ the offenders based upon the most recent quarter for which data is
			 available. The average entry-level wage rate and entry-level wage range will be
			 based on the appropriate geographic area for which occupational wage
			 information is available. The appropriate geographic area may be
			 statewide.
(4) It is recommended
			 that all offenders employed in construction and maintenance projects receive a
			 ten-hour OSHA safety course provided free of charge by the department of
			 workforce development. The department of workforce development will make every
			 effort to conduct the training within a reasonable time period after receipt of
			 a request for training.
(5) If the
			 contract to employ offender labor exceeds six months, the department of
			 corrections shall request and receive from the department of workforce
			 development the average wage rates and wage ranges for jobs currently held by
			 offenders and current employment levels of companies employing offenders. The
			 letter should be addressed to Division Administrator, Division of Policy and
			 Information, Iowa Workforce Development, 1000 East Grand Avenue, Des Moines,
			 Iowa 50319.
(6) The department of
			 workforce development shall provide a periodic report to the state workforce
			 development board regarding information supplied to the department of
			 corrections for construction and maintenance projects. Frequency of the report
			 will depend upon the level of activity.
(7) Inquiries concerning construction and
			 maintenance projects performed by offenders may be made by area workers, or
			 their representatives, that are affected by a project. Inquiries shall be in
			 writing and address the following questions:
a. Whether and how the project is believed to
			 violate the intent of Iowa Code sections
			 904.701
			 and
			 904.703;
b. Evidence of a local surplus of labor in
			 the job classifications of the type in which offenders are employed;
c. Whether private sector employees or state,
			 county or local government employees or employees involved in a labor dispute
			 have been displaced as a result of the project; and
d. Whether existing contracts for employment
			 or services have been impaired.
Inquiries shall be sent to Division Administrator, Division of
				Policy and Information, Iowa Workforce Development, 1000 East Grand Avenue, Des
				Moines, Iowa 50319. A copy of the inquiry shall be sent to the department of
				corrections. The director of the department shall consult with the director of
				the department of corrections and the affected regional advisory board
				concerning the inquiry prior to the workforce development board's making a
				final recommendation regarding possible corrective action.
The administrative rules committee of the state workforce
				development board shall review the inquiry and any additional responses or oral
				testimony requested by the committee and make a recommendation to the full
				board as to whether the intent of Iowa Code sections 904.701 and 904.703 has or
				has not been met and whether corrective action, if any, needs to be taken by
				the department of corrections to meet the intent. At the discretion of the
				administrative rules committee, oral presentations may be requested from the
				party(ies) to the inquiry. The full board shall make a final recommendation
				within 60 days of receipt of the inquiry. The board's final recommendation
				shall be mailed to both the department of corrections and the party(ies) making
				the inquiry.