Common use of Nondisplacement Clause in Contracts

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 in the area who are engaged in the same or similar work as that proposed to be carried out by the Fellow.

Appears in 2 contracts

Sources: Agreement for Services of Independent Contractor, Service Agreement

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 CivicWell will perform 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 iffollowing services: 1) General Program Responsibilities a. Provide clear guidelines to Fellows regarding AmeriCorps regulations and expectations. b. Recruit and train Fellows to provide capacity building services for the region. c. Work to provide support and guidance for Fellows, addressing any concerns that might develop during the service year. d. Hold Fellows accountable for the desired service results and work with Fellows on their professional development and behavior. e. Manage local government beneficiary and/or other partner service contracts. f. Share outcomes from service with Partner. g. Provide membership to CivicWell’s national network for an additional fee, if desired. There are no local labor organizations representing employees of the Partner who are engaged As a CivicWell member, you will have access to our wider organization’s direct assistance and practical tools for implementing on-the-ground successes in the same or substantially similar work as that proposed your community. Member benefits including networking and best practices, event discounts, invitations to be carried out; orlunch & learns, news and action updates, resource highlights and policy action alerts. 2) Fellow Responsibilities a. Pass a state, national, and National Sex Offender Public Website (NSOPW) background check before starting their service year. b. Participate in a 1-week program orientation and complete at least 100 hours of training through dedicated Fellow training, development, and service days. c. Serve an average of 37 hours per week for 11 months, serving a minimum of 1700 total hours, with at least 1300 hours dedicated to Partner project activities (see below). d. Comply with guidelines for performance measures and abide by regulations on prohibited activities described in Exhibit A above. e. Complete accurate project reporting in a timely manner as required by AmeriCorps, including: assessments, implementation, hours served, volunteers recruited and supported, and transition of knowledge to local governments. f. Avoid participation in prohibited activities. g. Identify as a Fellow and wear AmeriCorps lapel pins or gear during service hours. h. Participate in days of national service including, but not limited to: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇. Partner is not required to consult with labor organizationsDay of Service; State Day of Service, because there are no appropriate local labor organizations representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by the Fellowand AmeriCorps week Service Day. 3) Project Specific Scope of Work

Appears in 1 contract

Sources: Independent Contractor Agreement