No veteran shall be certified under Section 7280.8 if any of the following occur:
(a) The director or his designee finds that the employer does not have a reasonable expectation of at least six months continuous full-time employment for each certified trainee certified to him.
(b) The director or his designee finds that there is reasonable cause to believe that the employer will demote, discharge, or lay off persons now employed by him and replace such persons with certified trainees.
(c) The employer is engaged in a labor dispute.
(d) The employment of certified trainees by the employer would constitute a breach of a collective bargaining agreement entered into by the employer.
(e) The director or his designee finds that there is no substantial likelihood that the employment offered by the employer to the certified trainee will result in either substantially permanent full-time employment or an upgrading of the certified trainee’s job skills to a level at which reasonably permanent full-time employment may be expected to be available to him in the community.
(f) The director or his designee finds that, as to any person or class of persons or employer or class of employers to whom eligible veterans may otherwise be certified as certified trainees, such certification would result in any of the following:
(1) Employment involving any condition of wages, hours, conditions of employment, or safety prohibited by law or by a collective bargaining agreement entered into by the employer.
(2) A surplus of persons who will be unemployed as a result of such certification.
(3) The unlawful employment of minors or the violation of any laws relating to compulsory school attendance.
(4) Detriment to the health or welfare of any person.
(5) When it is found that the existing prevailing conditions in the area and industry would in any way be lowered or adversely affected.
(g) The employer is a party to any contract or agreement to receive federal reimbursement for training the individual veteran.
The director may, pursuant to Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of this code, make all necessary and reasonable regulations to prevent any abuses of the reimbursement program established under this chapter and for the administration of this section and Section 7280.8, and may obtain the assistance of any public or private agencies in finding and encouraging suitable employers to offer employment pursuant to this chapter.
(Amended by Stats. 1974, Ch. 845.)
Last modified: October 25, 2018