29 U.S.C. § 5

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(a)(1) To be eligible for participation in a job training program under this Act, a veteran must be a Korean conflict or Vietnam-era veteran who—“(A) is unemployed at the time of applying for participation in a program under this Act; and“(B) has been unemployed for at least 10 of the 15 weeks immediately preceding the date of such veteran’s application for participation in a program under this Act.“(2) For purposes of paragraph (1), the term ‘Korean conflict or Vietnam-era veteran’ means a veteran—“(A) who served in the active military, naval, or air service for a period of more than one hundred and eighty days, any part of which was during the Korean conflict or the Vietnam era; or“(B) who served in the active military, naval, or air service during the Korean conflict or the Vietnam era and—“(i) was discharged or released therefrom for a service-connected disability; or“(ii) is entitled to compensation (or but for the receipt of retirement pay would be entitled to compensation).“(3) For purposes of paragraph (1), a veteran shall be considered to be unemployed during any period the veteran is without a job and wants and is available for work.“(b)(1) A veteran who desires to participate in a program of job training under this Act shall submit to the Administrator an application for participation in such a program. Such an application—“(A) shall include a certification by the veteran that the veteran is unemployed and meets the other criteria for eligibility prescribed by subsection (a); and“(B) shall be in such form and contain such additional information as the Administrator may prescribe.“(2)(A) Subject to subparagraph (B), the Administrator shall approve an application by a veteran for participation in a program of job training under this Act unless the Administrator finds that the veteran is not eligible to participate in a program of job training under this Act.“(B) The Administrator may withhold approval of an application of a veteran under this Act if the Administrator determines that, because of limited funds available for the purpose of making payments to employers under this Act, it is necessary to limit the number of participants in programs under this Act.“(3)(A) Subject to section 14(c), the Administrator shall certify as eligible for participation under this Act a veteran whose application is approved under this subsection and shall furnish the veteran with a certificate of that veteran’s eligibility for presentation to an employer offering a program of job training under this Act. Any such certificate shall expire 90 days after it is furnished to the veteran. The date on which a certificate is furnished to a veteran under this paragraph shall be stated on the certificate.“(B) A certificate furnished under this paragraph may, upon the veteran’s application, be renewed in accordance with the terms and conditions of subparagraph (A).“(c) The maximum period of training for which assistance may be provided on behalf of a veteran under this Act is—“(1) fifteen months in the case of—“(A) a veteran with a service-connected disability rated at 30 percent or more; or“(B) a veteran with a service-connected disability rated at 10 percent or 20 percent who has been determined under section 3106 of title 38, United States Code, to have a serious employment handicap; and“(2) nine months in the case of any other veteran.

Notes of Decisions

Cited in 2 cases, 1980–1983 · leading case: Kaynard v. Mego Corp., 633 F.2d 1026 (2d Cir. 1980).

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Kaynard v. Mego Corp., 633 F.2d 1026 (2d Cir. 1980). “In response to unfair labor practice charges filed by Local 101, the Regional Director in August, 1979, issued complaints 4 alleging that Mego had violated sections 8(a)(1), (2) and (3) of the Act, 29 U.S.C. §5 158(a)(1), (2) and (3), 5 and that Local 807 had violated sections…”

Linder v. Berge, 577 F. Supp. 279 (D.R.I. 1983). “The capstone of the complaint, insofar as the claims against Amtrak are concerned, is an accusation of “concerted actions” between Amtrak and the union defendants, id.”

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