§ 21-509 Displacement of employees.
AC § 21-509
a. A certified individual may be employed by a sponsoring or affiliated organization only if: 1. such employment would not result in (i) the displacement of any currently employed worker or the loss of a position (including partial displacement such as reduction in the hours of non-overtime work, wages or employment benefits) or the impairment of existing contracts for services or collective bargaining agreements; (ii) any infringement of the promotional opportunities of any current employees; (iii) the performance, by such certified individual, of a substantial portion of the work ordinarily and actually performed by regular employees; or (iv) the loss of a bargaining unit position as a result of a participant performing, in part or in whole, the work normally performed by a regular employee; 2. such employment is not at any work site at which regular employees are on a legal strike or are being subjected to lock out by the sponsoring or affiliated organization; 3. no other regular employee is available for reinstatement, recall or reemployment following an approved leave of absence, furlough, layoff or suspension from the same or substantially equivalent job; or 4. the sponsoring or affiliated organization has not terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy or vacancies so created with certified individuals. b. Community-based organizations who are awarded contracts to become a sponsoring organization shall at the time of award provide written notification to its employees' collective bargaining representatives, if any, regarding such plan. The notice shall include, at a minimum, the participants' expected work locations, job duties, approximate salaries, and the approximate number of hours to be worked. c. Local government agencies planning to enter into an agreement with the department to become a sponsoring organization shall provide written notification to its employees' collective bargaining representatives, if any, regarding such plan. The notice shall include, at a minimum, the participants' expected work locations, job duties, approximate salaries, and the approximate number of hours to be worked.
