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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Administrative Provisions Under Title I of the Workforce Investment Act |
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| Administrative Rules, Costs and Limitations |
20 CFR 667.270 - What safeguards are there to ensure that participants in Workforce Investment Act employment and training activities do not displace other employees?
- Section Number: 667.270
- Section Name: What safeguards are there to ensure that participants in Workforce Investment Act employment and training activities do not displace other employees?
(a) A participant in a program or activitiy authorized under title
I of WIA must not displace (including a partial displacement, such as a
reduction in the hours of nonovertime work, wages, or employment
benefits) any currently employed employee (as of the date of the
participation).
(b) A program or activity authorized under title I of WIA must not
impair existing contracts for services or collective bargaining
agreements. When a program or activity authorized under title I of WIA
would be inconsistent with a collective bargaining agreement, the
appropriate labor organization and employer must provide written
concurrence before the program or activity begins.
(c) A participant in a program or activity under title I of WIA may
not be employed in or assigned to a job if:
(1) Any other individual is on layoff from the same or any
substantially equivalent job;
(2) The employer has terminated the employment of any regular,
unsubsidized employee or otherwise caused an involuntary reduction in
its workforce with the intention of filling the vacancy so created with
the WIA participant; or
(3) The job is created in a promotional line that infringes in any
way on the promotional opportunities of currently employed workers.
(d) Regular employees and program participants alleging
displacement may file a complaint under the applicable grievance
procedures found at Sec. 667.600 of this part. (WIA sec. 181.)
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