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FEDERAL REGISTER, Wednesday, May 23, 1945

1 Conduct initial interviews with Service, a A statement of availability ment Stabilization Program, regulation male workers except those excluded by shall be promptly issued by the USES to or policy, and for as long as such em an individual whose last employment is ployer continues his noncompliance section H.
or was in an essential or locally needed after such finding.
Dated: March 3,1945.
activity if:
d The USES shall issue a statement

V incent D. M urphy , of availability or referral card to any Area Director.
4 Such employment is or was at a employee immediately upon ascertain wage or salary or under working condi ing the fact that such employee has not Approved: March 15,1945.
tions below standards established by been engaged in an essential or locally Anna M. R osenberg, State or Federal Law or regulation, or needed activity during the preceding Regional Director.

60-day period.
e Pending negotiation for statement F. R. Doc. 45-8524; Filed, May 21, 1945;
b The worker shall be deemed to 11:35 a. m.
of availability, an employee is urged to have been discharged for all purposes of remain on his job.
this program if, after leaving his em ployment and failing to qualify for a 5. Section 9 is deleted and sections 10
Arndt. 3
statement of availability, he is directed through 29 are redesignated section 9
by the USES and agrees to return to his U tica-R ome-H erkimer, N. Y., Area through 28.
former employment and the employer 6. Section 10 is amended to read as EMPLOYMENT STABILIZATION PROGRAM
thereupon refuses to reemploy him in his follows:
former or in a comparable position with 1. Section 2 a and i; section 8 a Sec. 10. Workers who may be hired first paragraph, a 4, and b ; and out prejudice to his seniority and other only upon referral by the United States section 21 of the employment stabiliza rights, unless the employer is prevented Employment Service, a The new em tion program for the Utica-Rome-Herkifrom so doing by the terms of an existing ployee has not lived or worked in the mer Area, dated July 1, 1944, are hereby collective bargaining agreement or an locality of the new employment through amended to read as follows:
established seniority rule: Provided, That out the preceding 30-day period.
under such circumstances, the employer S
ec .
11
Definitions, a Utica-Romeb The new employees last regular offer to reemploy the individual in the Herkimer Area means the area in the employment, was in agriculture and he is same or an equivalent job without preju to be hired for non-agricultural work, state of New York comprising the coun dice to his then existing rights.
Provided, That no such individual shall ties of Clinton, Pulton, Hamilton, Her

be referred to non-agricultural work ex kimer, Madison, Oneida and the towns of S ec. 21. Hiring ór leaving contrary to cept after consultation with a designated Chesterfield, Crown Point, Elizabeth representative of the War Pood Admin town, Essex, Jay, Keene, Lewis, Moriah, plan. Any employer shall, upon written istration: And provided, That such an North Elba, St. Armand, Westport, Willsrequest of the USES, promptly release:
a Any worker whom it has hired individual may be hired for non-agricul boro, Wilmington, and Ticonderoga in tural work for a period not to exceed six Essex County; the towns of Altamont, contrary to the provision of this plan, or b Any worker whom it has hired weeks without referral or presentation Brighton, Duane, Franklin, Harrietstown upon referral of such worker by the and Santa Clara in Franklin County;
of a statement of availability.
c The new employees last regular the towns of High Market, Lewis, Lay den, USES, if such referral was made as a employment was in an essential or lo Lyonsdale, Osceola and West Turin in result of misrepresentation and if such cally needed activity and he is to be Lewis County; the towns of Canajoharie, referral would not have been made ex hired for work in a less-essential activity. Minden, Palatine and St. Johnsville in cept for such misrepresentation:
c Any worker released pursuant to d The new employee is a male Montgomery County; and the towns of the foregoing provision of this section Day and Edinburg in Saratoga County.
worker.
shall be re-transferred by the USES in

7. Section 11 a is amended to read accordance with the best interests of the i Essential employee means any as follows:
individual employed in an essential ac war effort and in such manner as to do Sec. 11. Exclusions. No provision of tivity or in a locally needed activity, and justice to the worker and the employer.
the Employment Stabilization Program such individual shall continue to be an Appeals from such decisions involving shall be applicable to:
essential employee during a 60-day pe retransfer may be made in the same g The hiring of a veteran of the riod after he ceases to be employed in manner as in the case of original trans present war who has served in the armed such essential or locally needed activity. fers.
forces of the United States subsequent For the purpose of this definition, the Dated: April 18, 1945.
to September 16,1940, and who has other said 60-day period shall not include any V incent D. M urphy , than a dishonorable discharge.
period of employment during which such Area Director.
individual was employed either in viola 8. In section 19, paragraph b 1 is tion of this employment stabilization Approved: April 23, 1945.
amended to read as follows:
program or in employment excluded un A nna M. R osenberg, Sec. 19. Soliciting and advertis der the program.
Regional Director.
ing.

b No employer in the Utica-RomeF. R. DOC. 45-8525; Filed, May 21, 1945;
S ec. 8. Issuance of statements of avail Herkimer Area, except as provided here 11:36 a. m.j ability by United States Employment in, may: