Common use of Non-displacement Clause in Contracts

Non-displacement. 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 an AmeriCorps member in a program receiving Corporation assistance. An organization may not displace a volunteer by using an AmeriCorps member in a program receiving Corporation assistance A service opportunity will not be created under that will infringe in any manner on the promotional opportunity of an employed individual An AmeriCorps member 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 An AmeriCorps member in any program receiving Corporation assistance 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. An AmeriCorps member in any program receiving Corporation assistance 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

Non-displacement. (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 an AmeriCorps member a participant in a program receiving Corporation assistance. . (2) An organization may not displace a volunteer by using an AmeriCorps member a participant in a program receiving Corporation assistance 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 An AmeriCorps member 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 An AmeriCorps member employee. (5) A participant in any program receiving Corporation 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 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. An AmeriCorps member . (6) A participant in any program receiving Corporation assistance under this chapter may not perform services or duties that have been performed by or were assigned to any— — (i) Presently employed worker worker; (ii) Employee who recently resigned or was discharged 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 procedures; (iv) Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or or (v) Employee who is on strike or who is being locked out. (a) AmeriCorps members may raise resources directly in support of your program's service activities. (b) 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 alumni of the program for specific service projects being performed by current members. (c) AmeriCorps members may not: (1) Raise funds for living allowances or for an organization's general (as opposed to project) operating expenses or endowment; (2) Write a grant application to the Corporation or to any other Federal agency.

Non-displacement. 45 CFR §§ 2540.100 A. 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 an AmeriCorps member a participant [AMERICORPS MEMBER] in a program receiving Corporation assistance. . B. An organization may not displace a volunteer by using an AmeriCorps member a participant [AMERICORPS MEMBER] in a program receiving Corporation assistance assistance. C. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual An AmeriCorps member individual. D. 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 An AmeriCorps member employee. X. A participant in any program receiving Corporation assistance [AMERICORPS MEMBER] under this chapter may not perform any services or duties, or engage in activities, thatthat [AMERICORPS MEMBER] — (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. An AmeriCorps member . F. A participant in any program receiving Corporation assistance [AMERICORPS MEMBER] may not perform services or duties that have been performed by or were assigned to any— (i) Presently employed worker worker; (ii) Employee who recently resigned or was discharged 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 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.

Non-displacement. a. 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 an AmeriCorps member a participant in a program receiving Corporation assistance. . b. An organization may not displace a volunteer by using an AmeriCorps member a participant in a program receiving Corporation assistance assistance. c. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual An AmeriCorps member individual. d. 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 An AmeriCorps member employee. e. A participant in any program receiving Corporation 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 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. An AmeriCorps member . f. A participant in any program receiving Corporation assistance under this chapter may not perform services or duties that have been performed by or were assigned to any— — 1) Presently employed worker worker; 2) Employee who recently resigned or was discharged discharged; 3) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures procedures; 4) Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or or 5) Employee who is on strike or who is being locked out. Restrictions on fundraising by members as listed in 45 CFR §§ 2520.40-453, which states: § 2520.40 AmeriCorps members may raise resources directly in support of your program's service activities.