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B-130515 1 (1974-03-11)

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                   B-13055RELEASED      3  (             MAR  131 1974

The Honorable Harold Runnels

House of Representatives

Dear Mr. Runnels:

     In accordance with your request of September 6, 1973, and subsequent
discussions with your office, we examined a number of allegations relating
to the Neighborhood Youth Corps (NYC) and the Emergency Employment Act of
1971 (EEA) (42 U.S.C. 4871) programs, being carried out in the city of
Artesia, New Mexico. We discussed the detailed results of our work with you
on November 15, 1973, and agreed to provide you with a summary of our work.

     The allegations referred to our Office related to a September 1972 labor
dispute. About 40 city employees had been attempting to have the city
accede to their request for union recognition; but the city refused.
Subsequently, these employees failed to show up for work and, after refusing
an order to return to work, their employment was terminated. The charge was
made that funds from the NYC and EEA programs were used to hire other
employees to replace the former city employees involved in the labor dispute.

     In reviewing this matter we examined correspondence and discussed the
situation with officials of Artesia, the Eddy County Community Action Corpo-
ration, the New Mexico Employment Security Commission, and the Department of
Labor. We also examined time records, personnel records, payroll records,
minutes of city council meetings, and other pertinent documents. However,
both the NYC and EEA summer programs had been terminated at the time of our
fieldwork.

BACKGROUND

     EEA is designed to provide unemployed and underemployed persons with
transitional employment in jobs providing needed public services during
times of high unemployment. The Manpower Administration, Department of
Labor, carries out this program through grants to States, cities, and coun-
ties with populations of 75,000 or over and to consortia of Indian tribes.
These units of government serve as program agents for the Department and
negotiate subgrants with smaller units of government within their jurisdic-
tions.

     Section 12 of the act states that the Secretary of Labor shall not pro-
Vide financial assistance under this act unless he determines that the
program shall (1) result in an increase in employment opportunities over




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