New Jersey § 34:15b-36

§ 34:15b-36.

a. All vocational training funded with federal job training funds shall be training

which is likely to substantially enhance the trainee's marketable skills and earning

power and is for a labor demand occupation. b. Federal job training funds shall not be used for job training or any related activities

which induce, encourage or assist: any displacement or partial displacement of currently

employed workers by trainees by means such as reduced hours of currently employed

workers; any replacement of laid off workers by trainees; or any relocation of operations

resulting in a loss of employment at a previous workplace, except in cases of multi-establishment

employers consolidating establishments. No federal job training funds shall be used for job training in any case in which

an employer relocates within the State and does not offer each affected employee the

equivalent benefits, pay and working conditions if the employee moves to the new location

and into a job or position involving comparable skills, responsibilities, experience

and seniority to the prior job or position. c. Federal job training funds shall not be used for job training or any related activities

which impair existing contracts for services or collective bargaining agreements,

except that job training or any related activities which are inconsistent with the

terms of a collective bargaining agreement may be undertaken with the written concurrence

of the collective bargaining unit and employer who are parties to the agreement. d. Any federal job training funds which are provided directly to an employer or indirectly

to an employer through a consortium shall be regarded as customized training grants

and be administered by the Office of Customized Training and the employer and any

consortium shall comply with all requirements of section 5 of P.L.1992, c. 43 ( C.34:15D-5 ), except that federal job training funds provided directly or indirectly to an employer

for use in connection with any program which includes apprenticeship training or activities

shall be exempt from the requirement of this subsection d. to be administered by the

Office of Customized Training and be subject to the requirements of section 5 of P.L.1992, c. 43 ( C.34:15D-5 ) , but the funds shall be exempt only if approved by the Apprenticeship Policy Committee, as defined in section 3 of P.L.1993, c. 268 ( C.34:15E-3 ) and the employer complies with the provisions of subsection e. of section 5 of P.L.1993, c. 268 ( C.34:15E-5 ). Employment and training services funded by federal job training funds shall not

replace, supplant, compete with or duplicate any approved apprenticeship program. e. All staff who are hired and supported by any federal job training funds, including

any of those staff located at any One Stop Career Center, but not including any staff

of a service provider providing training services funded by a customized training

grant pursuant to subsection d. of this section or an individual training grant pursuant

to section 4 of P.L.1992, c. 48 ( C.34:15B-38 ), shall be hired and employed by the State pursuant to Title 11A, Civil Service,

of the New Jersey Statutes, be hired and employed by a political subdivision of the

State, or be qualified staff hired and employed by a non-profit organization which

began functioning as the One Stop Career Center operator with the written consent

of the chief elected official and the commissioner prior to the effective date of P.L.2004, c. 39 ( C.34:1A-1.2 et al.), or be qualified staff hired and employed by an approved community-based

or faith-based organization to provide services at the level of staffing provided

in an agreement entered into by the organization before the effective date of P.L.2004, c. 39 ( C.34:1A-1.2 et al.).