Page:United States Statutes at Large Volume 53 Part 2.djvu/458

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PUBLIC LAWS-CH. 252-JUNE 30, 1939 months of continuous employment expires before September 1, 1939, this section shall apply to require their removal not later than August 31, 1939, rather than on such expiration date. Qualifications or (c) In considering employment of persons upon work projects prosecuted under the appropriations contained in this joint resolu- tion, the agency providing the employment shall determine whether such persons are able to perform the work on work projects to which they can be assigned and no person shall be employed or retained for employment on any such project whose work habits are such or work record shows that he is incapable of performing satisfactorily the work to which he may be assigned on the project. worers, employment (d) There shall be removed from employment on Work Projects restriction. Administration projects all relief workers whose needs for employ- ment have not been certified by, and, except as provided in section 17 (b), no relief worker shall be employed on such projects until after his need for employment has been certified by (a) a local public certifying agency or (b) the Work Projects Administration where no such agency exists or where the Work Projects Administration certifies by reason of its refusal to accept certification by local public agencies. Aliens, empbyment (e) No alien shall be given employment or continued in employ- ment on any work project prosecuted under the appropriations con- tained in this joint resolution and no part of the money appropriated in this joint resolution shall be available to pay any person who has not made or who does not make affidavit as to United States citizen- ship, such affidavit to be considered prima facie evidence of such citizenship. terionlod reinvefsrto (f) The Commissioner shall cause a periodic investigation to be eliminations. made of the rolls of relief employees on work projects, and shall eliminate from the rolls those not in actual need, such investigation to be made so that each case is investigated not less frequently than once every six months. Refuslye of rvate SEC. 17 . (a) No person in need who refuses a bona fide offer of private employment under reasonable working conditions which pays the prevailing wage for such work in the community where he resides and who is capable of performing such work shall be employed or retained -in employment on work projects under the funds appro- priated in this joint resolution for the period such private employment would be available. ploymestoratus e (b) Any person who takes such private employment shall at the private employment. expiration thereof be entitled to immediate resumption of his previous employment status with the Work Projects Administration if he is still in need and if he has lost the private employment through no fault of his own, and if he has first drawn all the benefits of unemploy- ment compensation that shall have accrued to him during his term in private employment and which are available to him. i"g certain competi- (c) In order to insure the fulfillment of the purposes for which tion. such appropriations are made and to avoid competition between the Work Projects Administration and other Federal or non-Federal agencies in the employment of labor on projects of any nature whatso- ever, financed in whole or in part by the Federal Government, no person in need shall be eligible for employment on any work project of the Work Projects Administration who has refused to accept employment on any other Federal or non-Federal project at earnings comparable with or higher than the earnings established for similar work on work projects of the Work Projects Administration: Proiw. Provided frther, That any person in need who has been engaged eption on any Federal or non-Federal project and whose service has been 934 [53 STAT.