Nondisplacement Sample Clauses
A Nondisplacement clause is designed to protect existing employees from being replaced when a new contractor takes over an existing contract. In practice, this clause typically requires the incoming contractor to offer employment to the current employees who are performing the work under the previous contract, provided they are qualified and willing to continue. The core function of this clause is to ensure workforce stability and continuity, preventing unnecessary job loss and disruption for employees during transitions between service providers.
Nondisplacement. The member understands that:
1. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance.
2. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance.
3. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual.
4. A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
5. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that —
i. Will supplant the hiring of employed workers; or
ii. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
6. A participant in any program receiving assistance under this chapter may not perform any services or duties that have been performed by or were assigned to any —
i. Presently employed worker;
ii. Employee who recently resigned or was discharged;
iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;
iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or
v. Employee who is on strike or who is being locked out.
Nondisplacement. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that— Will supplant the hiring of employed workers; or Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any— Presently employed worker; Employee who recently resigned or was discharged; Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or Employee who is on strike or who is being locked out.
Nondisplacement. 45 CFR §§ 2540.100 (1) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance.
Nondisplacement i. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, because of the use by such employer of a participant in a program receiving Corporation assistance.
ii. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that— Will supplant the hiring of employed workers; or Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any— Presently employed worker; Employee who recently resigned or was discharged; Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or Employee who is on strike or who is locked out. Rules of Conduct
1. While acting in an official capacity as an AmeriCorps member, the member is expected to: Comply with the rules and standards of the host agency; Demonstrate mutual respect toward others; Demonstrate professional, courteous conduct; Follow directions Attend service trainings and activities on time and ready to serve and learn; Maintain a physical appearance reflective of his or her role in the AmeriCorps Program; Direct concerns, problems, and suggestions to his or her assigned Host Site Supervisor.
2. The following acts also constitute a violation of the Program’s rules of conduct: Unauthorized tardiness Unauthorized absences Repeated use of inappropriate language (i.e., profanity) at a service site Failure to wear appropriate clothing to service assignments Stealing or lying Engaging in any activity that may physically or emotionally damage other me...
Nondisplacement. (1) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance.
(2) An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance.
(3) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual.
(4) A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
(5) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that—
i. Will supplant the hiring of employed workers; or
ii. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
(6) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any—
i. Presently employed worker;
Nondisplacement. (i) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving AmeriCorps assistance.
(ii) An organization may not displace a volunteer by using a participant in a program receiving AmeriCorps assistance.
(iii) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual.
(iv) A participant in a program receiving AmeriCorps assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
(v) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that—
1. Will supplant the hiring of employed workers; or
2. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
(vi) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any—
i. Presently employed worker;
ii. Employee who recently resigned or was discharged;
iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;
iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or
v. Employee who is on strike or who is being locked out.
1. Will serve as a placement site for AmeriCorps members (Fellows);
2. Has employees engaged in the same or substantially similar work as that proposed to be carried out by AmeriCorps members; and
3. Those employees are represented by a local labor organization. Written concurrence can be in the form of a letter or e- mail from the local union leadership. Written concurrence should be included along with this contract if applicable. Partner is not required to obtain labor organization concurrence if:
1. There are no local labor organizations representing employees of the Partner who are engaged in the same or substantially similar work as that proposed to be carried out; or
2. Partner is not required to consult with labor organizations, because there are no appropriate local labor organizations representing employees...
Nondisplacement. 1) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance.
2) An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance.
3) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual.
4) A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
5) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that—
i. Will supplant the hiring of employed workers; or
ii. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
6) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any—
i. Presently employed worker;
ii. Employee who recently resigned or was discharged;
iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;
iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or
v. Employee who is on strike or who is being locked out. AmeriCorps members may raise resources directly in support of your program's service activities. Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following:
1) Seeking donations of books from companies and individuals for a program in which volunteers teach children to read;
2) Writing a grant proposal to a foundation to secure resources to support the training of volunteers;
3) Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals;
4) Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization;
5) Seeking donations from...
Nondisplacement. (1) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance.
(2) An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance.
(3) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual.
(4) A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
(5) A participant in any program receiving assistance may not perform any services or duties, or engage in activities, that— (i) Will supplant the hiring of employed workers; or (ii) Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
(6) A participant in any program receiving assistance may not perform services or duties that have been performed by or were assigned to any— (i) Presently employed worker; (ii) Employee who recently resigned or was discharged; (iii) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; (iv) Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or (v) Employee who is on strike or who is being locked out.
Nondisplacement. Partner Organization shall not displace any volunteer, employee or position, including partial displacement such as through a reduction in hours, wages or employment benefits, as a result of the assistance available to the Partner Organization through any Ally. No activity that enables Ally to perform meaningful and constructive service in agencies, institutions and situations where the application of human talent and dedication may help to meet human, educational, linguistic, public safety and environmental community needs shall infringe in any manner on the promotional opportunity of an employed individual or a volunteer. No Ally shall perform a service or duties, or engage in activities, that would otherwise be performed by an employee as part of the assigned duties of such employee or by a volunteer. Any Program activities shall not involve the performance of services that would supplant the hiring of employed workers or volunteers or would otherwise be performed by an employee or volunteer, including an employed worker who recently resigned or was discharged, an employee who is subject to a reduction in force, an employee who is on leave (terminal, temporary, vacation, emergency or sick), or an employee who is on strike or is being locked out (see certification in Appendix A).
Nondisplacement. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance.
3. With prior Program approval, which may be withheld at the sole and absolute discretion of the Program, Partner Site may employ and compensate Member for time spent above and beyond contracted AmeriCorps hours. However, the duties during this paid time and hours committed to paid employment must:
a) Be entirely separate and substantially different from and subordinate in priority to the Member’s AmeriCorps service.
b) Be submitted in writing to STAR for approval before any commitment to employ a Member is made.
c) Not distract or limit a Member’s ability to successfully complete service hours and service project.
4. Partner Site may not compensate Member for service, whether or not service hours extend beyond the 1,700 required in Member Service Agreement.
5. Partner Site will not engage Member in general administrative duties, including filing, photocopying, collating, and/or mailing. These activities are allowed only if directly related to and if they supplement the duties describe in the Member’s Position Description and Service Plan as approved by the Program.
6. STAR AmeriCorps Members may raise funds directly in support of their specific project’s service activities, described in the Member’s Position Description and/or Service Plan, that meet local, environmental, educational, public safety, homeland security or other human needs. Examples of fundraising activities Members may perform include, but are not limited to the following:
a) Seeking technology donations from companies;
b) Writing a grant proposal to a foundation to secure resources to support the training of volunteers.
c) Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals;
d) Seeking a donation from alumni of STAR for specific service projects being performed by current Members.
e) Partner Site must ensure Member’s service activities do not include the following: