If Imports Cost You Your Job... Apply for Trade Adjustment Assistance

Trade Adjustment Assistance
The Trade Act of 1974 established the Trade Adjustment Assistance (TAA) program. Trade Adjustment Assistance is available to workers who become unemployed as a result of foreign imports (TAA), or as a result of imports from Canada or Mexico or jobs going to Canada or Mexico (NAFTA-TAA).

TAA includes a variety of benefits and re-employment services to help unemployed workers prepare for and obtain suitable employment. Workers may be eligible for training, a job search allowance, a relocation allowance, and other re-employment services. Additionally, weekly Trade Readjustment Allowances (TRA) may be payable to eligible workers following their exhaustion of unemployment benefits. TRA benefits are usually paid only if an individual is enrolled in an approved training program.

The TAA Program is administered by the Employment and Training Administration of the U.S. Department of Labor. States serve as agents to the U.S. Department of Labor in administering the TAA Program. Job Service administers the program for the state of North Dakota.

Establishing Eligibility for Trade Adjustment Assistance
To file for TAA group eligibility, you must file a petition with the Office of Trade Adjustment Assistance. To file for NAFTA-TAA group eligibility, you must file a petition with Job Service North Dakota. Petitions may be filed by a group of three or more workers, their union, or an authorized representative. You can obtain petition forms for both TAA and NAFTA-TAA from Job Service North Dakota, or you can phone (202) 693-3555, or write to the U.S. Department of Labor, Employment and Training Administration, Division of Trade Adjustment Assistance, Room C-5311, 200 Constitution Avenue Northwest, Washington, D.C., 20210, http://www.doleta.gov/tradeact/.

When a petition is received, a fact finding investigation is conducted to determine whether increased imports contributed importantly to decreased sales or production and to worker separations in a particular company or subdivision, or whether jobs were lost to Canada or Mexico. If increased imports contributed importantly to job reductions in your company or subdivision, the U.S. Department of Labor certifies the affected group of workers as eligible to apply for TAA. If increased imports from Canada or Mexico or shift in production to Canada or Mexico contributed importantly to job reductions in your company or subdivision, the U.S. Department of Labor certifies the affected group of workers as eligible to apply for NAFTA-TAA. The certification will contain an "Impact Date," which is a date of up to one year prior to the date of the petition. The life of the certification extends from the Impact Date to two years from the date of issuance, unless terminated earlier. Workers who are separated within the period of the certification and who are covered by the certification are eligible to apply for TAA.

Applying for TAA-TRA Benefits When Your Group Has Been Certified
Call the Unemployment Insurance Claims Center at 701-328-4995 in order to get information and to file an application for a determination of your individual eligibility for the Trade Act Program.

To be eligible for TAA benefits and re-employment services, you must have been laid off or put on a reduced work schedule (hours of work reduced to 80 percent or less of your average weekly hours and wages reduced to 80 percent or less of your average weekly wage) on or after the "Impact Date" and before the ending date of the certification. TAA benefits include: reemployment services, training, job search allowance, and relocation allowance.

To be eligible for TRA benefits, you must meet the requirements outlined in the section "Qualifying for Trade Readjustment Allowances" (see page 3). TRA benefits are weekly allowances usually paid only if an individual is enrolled in an approved training program. If you do not qualify for TRA weekly benefits, you may still be eligible for TAA benefits.

Improving Your Job Prospects Through Training
If there are no suitable jobs in your area and training would improve your chances of getting a job, you should discuss your needs with the Job Service staff. You will be advised as to the employment outlook for workers with different job skills, the kinds of work best suited to your aptitudes and interests, and the training opportunities that may be available at no cost to you. Training opportunities include on-the-job training, vocational or technical training, and remedial education.

You may receive TRA benefits while you train as long as you continue to attend and make satisfactory progress in the training. If the training facility you attend is beyond the normal commuting distance from your home, you may be paid for some of your transportation costs and living expenses.

Obtaining a Job Search Allowance
A job search allowance may be payable to cover expenses incurred in seeking employment outside your normal commuting area. You may be paid 90 percent of necessary transportation and living expenses (up to a maximum of $1,250) while searching for such employment.

There are time limits for filing applications for job search allowances. You must file for job search allowances within 365 days after the date of certification or 365 days after the date of your last total separation, whichever is later, or within 182 days after you complete approved training. Therefore, it is important that you visit Job Service and file an application before beginning your search for work outside your normal commuting area. Only travel within the United States is authorized.

Obtaining a Relocation Allowance
If you are successful in obtaining employment outside your normal commuting area, the TAA Program offers financial assistance for you to relocate to your new area of employment.

A relocation allowance pays 90 percent of the reasonable and necessary expenses of moving you, your family, and your household goods (not to exceed the weight limit authorized in federal travel regulations) to the new location. Additionally, you will receive a lump sum payment equal to three times your former average weekly wage (up to a maximum $1,250) to help you get settled.

To apply for a relocation allowance, see Job Service North Dakota. Your application must be filed and approved before moving. Your application may be approved if it is determined that no suitable work is available in your home area and that you:

• Have obtained suitable work of long-term duration or a bona fide offer of such work in the area within the United States to which you will move.
• Have not previously received a relocation allowance under the same certification.
• Are totally separated from certified employment at the time of relocation. (Partially separated workers may apply in anticipation of total layoff.)

There are time limits for filing an application for a relocation allowance. You must file for a relocation allowance within 425 days after the date of certification or 425 days after your last total separation, whichever is later, or within 182 days after you complete approved training.

Also, you must begin your relocation within 182 days after you apply for a relocation allowance or 182 days after you complete approved training.

Qualifying for Trade Readjustment Allowances (TRA)
To qualify for TRA benefits you must:

• Be covered by a certification.
• Be enrolled in or have completed an approved training program, unless the training requirement is waived by the designated state agency.
• Be totally separated from employment, due to lack of work in adversely affected employment, on or after the impact date and before the ending date of the certification.
• Have worked at least 26 weeks at wages of $30 or more a week in adversely affected employment with a single firm or subdivision in the 52-week period ending with the week of separation. You can substitute up to 7 weeks of non-work for specified reasons, up to 26 weeks of worker's compensation and up to 26 weeks of active duty as a military reservist towards the 26 week requirement.
• Have been entitled to and have exhausted all rights to unemployment benefits.
• Meet the same weekly work test applicable to claimants for extended unemployment benefits, including actively seeking, applying for, and accepting work within your capabilities.
• For NAFTA purposes only, you must be enrolled in an approved training program by the 16th week from the separation date or by the 6th week from the certification date. A 30-day extension is possible for extenuating circumstances.

If you do not qualify for TRA benefits, you may still be eligible for TAA which includes: re-employment services, training, a job search allowance, or relocation allowance.

The Amount of Your TRA
If you qualify for TRA benefits, the weekly amount shall be an amount equal to the most recent weekly benefit amount of unemployment insurance (UI) payable to an individual for a week of total unemployment preceding the individual's first exhaustion of UI and following the individual's first qualifying separation.

Your TRA benefits will be reduced by any earnings or other income you receive in the same way such earnings and income would have reduced your weekly unemployment benefits.

Your TRA Eligibility Period
If you qualify for TRA assistance, your eligibility period for basic TRA benefits is the 104-week period beginning with the first week which follows the week of your most recent total separation within the certification period. However, you must exhaust all your rights to unemployment benefits before you may receive TRA benefits. The maximum amount of TRA benefits you may receive during this period is limited to 52 times your TRA weekly amount minus all unemployment benefits which you were entitled to receive. For example, if you were eligible for 26 weeks of regular unemployment benefits, you may receive up to an amount equal to 26 weeks of TRA benefits. Under the TRA program, you may receive up to 26 additional weeks of TRA benefits if you applied for training within 210 days of your total qualifying separation date or the petition certification date and are still attending school. Under the NAFTA-TRA program, you automatically qualify for 26 additional weeks of TRA as long as you are in training. Also, if you return to work covered by the same certification and are again totally separated within the certification period and again meet the wage qualifying requirements, the 104-week eligibility period will be recalculated beginning with the first week after the subsequent separation.

Your Appeal Rights
Worker petition for Group Eligibility. Under the Trade Act of 1974, as amended, workers whose petition for TAA has been denied by the U.S. Department of Labor may request administrative reconsideration by the U.S. Department of Labor within 30 days after publication of the determination in the Federal Register. Such request must be in writing and provide specific information or reasons why the workers consider the U.S. Department of Labor's decision to be in error either as to facts not considered or as to the interpretation of the facts or the law. Workers may also file an appeal seeking judicial review of the Department of Labor's negative determination or negative redetermination within 60 days of publication of the denial in the Federal Register.

Pursuant to the Customs Court Act of 1980 (P.L. 96-417), appeals for judicial review must be filed with the U.S. Court of International Trade, Office of the Clerk, One Federal Plaza, New York, New York 10007, (212) 264-2800.

Individual Applications for Allowances and Training. If you are not satisfied with the determination of your individual application, you have the same appeal rights as are provided under your state Unemployment Compensation Law. The determination notice which you receive after filing your application will explain your appeal rights and time limits for filing an appeal.

For Further Information on the TAA/TRA Program, call 701-328-4995 or contact your nearest Job Service North Dakota office.

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