Common use of Non-Duplication and Non-Displacement Clause in Contracts

Non-Duplication and Non-Displacement. The Member may not be used to duplicate an activity that is already available in the locality of a program. 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 the Member. An organization may not displace a volunteer by using the Member. The Member 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. The Member may not perform any services or duties, or engage in activities, that: a. will supplant the hiring of employed workers; or b. are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. The Member may not perform services or duties that have been performed by or were assigned to any: a. presently employed worker; b. employee who recently resigned or was discharged; c. employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; d. employee who is on leave (terminal, temporary, vacation, emergency, or sick); or e. employee who is on strike or who is being locked out. .