Kim McEntire, Petitioner
v.
Workforce Appeals Board, Department of Workforce Services, Respondent.

MEMORANDUM DECISION
(Not For Official Publication)

Original Proceeding in this Court

Attorneys:
Kim McEntire, Devore, California, Petitioner Pro Se
H. Craig Bunker, Salt Lake City, for Respondent

Before Judges Bench, Davis, and Thorne.

PER CURIAM:

This case is before the court on a sua sponte motion for summary disposition.

Petitioner Kim McEntire seeks judicial review of the denial of extended unemployment benefits under the North American Free Trade Agreement (NAFTA), Transitional Adjustment Assistance (TAA) and Trade Readjustment Allowance (TRA). The federal TRA program, which allows an additional twenty-eight weeks of unemployment benefits during training, is administered by the states under federal statutes and regulations and letters of instruction issued by the United States Department of Labor. Under provisions of the applicable letter of instruction, a worker must be enrolled in a training program approved by the state "by the later of (1) the last day of the 16th week following such worker's most recent qualifying separation or (2) the last day of the 6th week in which the secretary issues a certification covering such a worker." See U.S. Dept. of Labor, General Administrative Letter, No. 7-94, Change 2. One thirty-day extension is allowed for "extenuating circumstances"; however, state law or regulations allowing waiver of a time limit or late filing of a claim for good cause cannot be applied to the federal time limit. See 20 C.F.R. § 617.50(d).

McEntire separated from his employment on February 6, 2001. The Workforce Appeals Board concluded that McEntire had at most sixteen weeks plus thirty days after his separation date in which to enroll in a training program. The Board concluded that this time expired on June 28, 2001, and McEntire did not enroll until October 22, 2001. McEntire raises a claim for the first time in this court that his employer was not certified for participation in the NAFTA program until March of 2001, and that he "pursued" the program within the time limits based on that date. The Board responds to this claim by stating that the Secretary of Labor certified the employer on March 8, 2001. Using this date, McEntire had until the last day of the sixth week after issuance of the certification covering him to enroll in training. See U.S. Dept. of Labor, General Administrative Letter, No. 7-94, Change 2. This date was April 20, 2001, and with the addition of a thirty-day extension, McEntire only had until May 20, 2001 to enroll. Using the March 8, 2001 certification date, rather than the date of separation, would not change the result.

The Board correctly determined that it lacked authority to modify the federal requirements for awarding extended unemployment benefits under the NAFTA-TRA program. The decision of the Board is therefore affirmed.

______________________________
Russell W. Bench, Judge

______________________________
James Z. Davis, Judge

______________________________
William A. Thorne Jr., Judge