Common use of Non-displacement Clause in Contracts

Non-displacement. (45 CFR §§ 2540.100F) An employer [Host Site] 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 Member in a program receiving Corporation assistance. An organization may not displace a volunteer by using Member 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. 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. Member 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. Member 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.

Appears in 2 contracts

Samples: Americorps Host Site Memorandum of Agreement, Americorps Host Site Memorandum of Agreement

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Non-displacement. (45 CFR §§ 2540.100F1) An employer [Host Site] 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 Member a participant in a program receiving Corporation assistance. . (2) An organization may not displace a volunteer by using Member 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. Member . (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. Member . (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 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. Member . (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 or (v) Employee who is on strike or who is being locked out.

Appears in 1 contract

Samples: Member Service Agreement

Non-displacement. (45 CFR §§ 2540.100F) 1. An employer [Host Site] 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 Member a participant in a program receiving Corporation assistance. 2. An organization may not displace a volunteer by using Member 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. Member 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. Member A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that— (ithat—(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. Member 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.

Appears in 1 contract

Samples: Americorps Program Agreement

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Non-displacement. (45 CFR §§ 2540.100F1) An employer [Host Site] may not displace an employee or position, including partial displacement such as a reduction in hours, wages, or employment benefits, as a result of the use by such employer of Member a participant in a program receiving Corporation assistance. . (2) An organization may not displace a volunteer by using Member 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. Member . (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. Member . (5) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that— 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. Member . (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— 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 or (v) Employee who is on strike or who is being locked out.

Appears in 1 contract

Samples: Americorps Member Service Agreement

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