Temporary Assistance (TA) recipients participating in AWEP/CWEP activity:
- Cannot fill existing unfilled position vacancies;
- Cannot receive a salary or any work or training expense provided under any provision of law;
- Are placed in AWEP/CWEP only if they cannot be placed into paid jobs or in addition to a paid job;
- Are not considered federal employees if they perform work in the public interest for a federal office or agency;
- Can never displace current employees;
- Are assessed for basic skills needed;
- Are replaced by other TA recipients when the stated skills are gained; and
- Signs the MWA AWEP/CWEP Participant Agreement which outlines the skills to be mastered and proposed time frame.
An AWEP/CWEP participant is not assigned to a position when:
- Any other TA recipient is on layoff from the same or any substantially equivalent job;
- The employer has terminated the employment of any regular employee, reduced the hours of an employee, or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy with a AWEP/CWEP participant; or
- A strike, lockout, or other bona fide labor dispute creates the employment opportunity
Any TA recipient or other employee who believes that s/he has been adversely affected by the placement of an AWEP/CWEP participant shall be given the opportunity to grieve it through the following process:
- The TA recipient or employee, or an organization that is authorized to represent the TA recipient or employee, shall first attempt to remedy the alleged violation through a meeting with the employer within 30 days of the request of the meeting.
- If the complaint is not resolved, the TA recipient or employee may appeal to the Labor and Industrial Relations Commission. The Commission shall conduct a hearing and shall render a decision within 45 days of the hearing.
- If the TA recipient or employee is aggrieved by the decision of the commission, he/she may file a petition for review in the circuit court in which he/she resides within 30 days of the date of the decision.