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Gary W. Hyde v. Unemployment Compensation Board of Review

November 8, 2012

GARY W. HYDE, PETITIONER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



The opinion of the court was delivered by: Rochelle S. Friedman, Senior Judge

Submitted: October 5, 2012

BEFORE: HONORABLE BERNARD McGINLEY, Judge

HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge

OPINION BY SENIOR JUDGE FRIEDMAN

Gary W. Hyde (Claimant) petitions, pro se, for review of the November 9, 2011, order of the Unemployment Compensation Board of Review (UCBR) affirming the referee's determination that Claimant did not qualify for a program transfer in accordance with the Trade Act of 1974 (Trade Act), as amended, 19 U.S.C. §§2101-2487, and its attendant regulations.*fn1 We affirm.

Claimant was enrolled in a nursing program at the University of Pittsburgh. The program was approved under the Trade Adjustment Assistance (TAA) program. Claimant was failing the nursing program and, therefore, requested a transfer to a computer program at the same school. (Findings of Fact, Nos. 1-3.)

The Department of Workforce Development (Department) denied Claimant's request to transfer programs, and Claimant appealed to the referee, who held a hearing. The referee denied Claimant's request and Claimant appealed to the UCBR, which affirmed. Claimant now petitions this court for review.*fn2

Claimant contends that the UCBR erred by affirming the Department's denial of Claimant's request to amend his TAA training program. We disagree.

Section 236 of the Trade Act provides that the Secretary of the United States Department of Labor may approve and pay for training for a worker if he/she determines that: (1) there is no suitable employment available for the worker; (2) the worker would benefit from appropriate training; (3) there is a reasonable expectation of employment following completion of the training; (4) the training approved by the Secretary is available to the worker from either governmental agencies or private sources; (5) the worker is qualified to undertake and complete the training; and (6) the training is suitable for the worker and available at a reasonable cost. 19 U.S.C. §2296(a)(1)(A)-(F). The Secretary prescribes federal regulations pertaining to the approval of TAA training. 19 U.S.C. §2296(a)(9)(A). The regulations that apply in this matter appear at 20 C.F.R. §617.22.

The length of training and the hours of attendance are set forth in 20 C.F.R. §617.22(f) (emphasis added), which provides in pertinent part:

The State agency shall determine the appropriateness of the length of training and the hours of attendance as follows:

(1) The training shall be of suitable duration to achieve the desired skill level in the shortest possible time;

(2) Length of training. The maximum duration for any approvable training program is 104 weeks (during which training is conducted) and no individual shall be entitled to more than ...


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