Executive Order  No. 97: (1st Series) Implementing P.L. 79-549 for return of local offices of U.S. Employment Service to state control (Division of Employment Security)

WHEREAS, the Congress of the United States has provided by Public Law 549, 79th Congress, for the return to state control of the local offices of the United States Employment Service on November 15, 1945; and

WHEREAS, the grant of the Federal funds for the operation of this service is dependent upon approval by the Secretary of Labor of this Commonwealth's plans for the transfer of personnel and for the operation of the Service; and

WHEREAS, the foregoing approval has not been given; and

WHEREAS, appropriate action is necessary in order to continue in service hundreds of employees, to continue the functions of the local employment offices, to provide employment opportunities for veterans and others, and to avoid the possibility that there be a cessation in the payment of compensation claims; and

WHEREAS, immediate action is necessary:

NOW, THEREFORE, I, Maurice J. Tobin, Governor of the Commonwealth of Massachusetts, acting under the provisions of Acts of 1941, Chapter 719, Chapter 13, Section 2 and 3, and all other authority vested in me, do hereby issue this order as a measure necessary and expedient for meeting the supreme emergency of the existing state of war between the United States and certain foreign countries.

The following interim plan is established for the operation of the Service for a limited period beginning November 15, 1946, and ending not later than January 30, 1947, or the effective date of the approval of the continuing plan of operation for this Commonwealth, whichever occurs first.

1. The official name of the State Employment Service as used on all official signs, stationery, and documents is Massachusetts State Employment Service affiliated with United States Employment Service.

2. The Massachusetts State Employment Service will be maintained in a manner which complies with and carries out the regulations prescribed by the Secretary of Labor under the Wagner-Peyser Act, and entitled "Cooperation with USES and States in Establishing and Maintaining a National System of Public Employment Offices." It will adhere to the basic standards set forth as United States Employment Service policies in Part II of the United States Employment Service Manual, will maintain the procedures necessary effectively to carry out such policies and will continue the system in effect on November 15, 1946, for issuing instructions to its headquarters staff and local offices.

3. There will be maintained in the Massachusetts State Employment Service, the organizational structure of the public employment office system in this Commonwealth and the number and location of local public employment offices and points of itinerant service, (except as changes with respect to such points of itinerant service may be made after clearing with the United States Employment Service Regional Director) in effect on November 15, 1946, and, in connection therewith, there will be continued the allocation of administrative responsibility and the methods and lines of supervision maintained on November 15, 1946, except that the Director of the State Employment Service will report to the Director of the Division of Employment Security.

4. In connection with its maintenance of special services for veterans, the Massachusetts State Employment Service will carry out such organization and administrative actions as may be necessary or required to carry out the provisions of the Wagner-Peyser Act and Title IV of the Servicemen's Readjustment Act.

5. Upon final approval by the Director of the United States Employment Service, the budget request and any change or adjustment in the budget for the period covered by this interim plan will be incorporated as a part of this plan.

6. Copies of all constitutional provisions, statutes, regulations, personnel materials, administrative or executive orders, or other documents pertinent to the administration of the foregoing plan will be available for inspection by any representative of the United States Employment Service at the Executive offices at any time during business hours.

The detail to the Massachusetts Division of Employment Security for service in the State-wide system of pubic employment offices, in accordance with the provisions of Public Law No. 549, 79th Congress of employees of the Federal Government who on July 26, 1946, were employed in State or local employment service functions in Massachusetts or who were subsequently appointed, for the purpose of permitting continuity in their employment pending an opportunity to acquire eligibility for permanent appointment in such State in accordance with the provisions of said Act, which detail will be accomplished in accordance with a request made by myself this day to the Director of the United States Employment Service and will be subject to the following conditions:

1. The employee so detailed will be accorded the same pay adjustments and salary increments that he would have received if he were in State employment.

2. The Massachusetts Division of Employment Security will maintain such records and furnish such reports relating to the employee so detailed as may be required from time to time.

3. The employees so detailed will be responsible to the Massachusetts Division of Employment Security for assignments, supervision, and all work activities, but will be subject to all applicable federal personnel laws, fiscal laws and regulations.

4. The period of detail will continue until Jan 30, 1947 or the effective date of the approval by the Secretary of Labor of the personnel transfer plan of this Commonwealth unless the detailed employee is, prior thereto, transferred to the Massachusetts Division of Employment Security or separated in accordance with the provisions of Public Law, No. 549, 79th Congress.

5. The Commonwealth of Massachusetts will take all necessary steps within the period of detail to provide the detailed employees with an opportunity to acquire eligibility and permanent appointment in the State-wide system of public employment offices in accordance with Public Law, No. 549, 79th Congress and in accordance with the law of Massachusetts.

(Signed)
Maurice J. Tobin
Governor of Massachusetts