645.265—What safeguards are there to ensure that participants in Welfare-to-Work employment activities do not displace other employees?
(a)
An adult participating in an employment activity operated with WtW funds, as described in § 645.220 (b) and (c) of this subpart, may fill an established position vacancy subject to the limitations in paragraph (c) of this section.
(b)
An employment activity operated with WtW funds, as described in § 645.220(c) of this subpart, must not violate existing contracts for services or collective bargaining agreements. Where such an employment activity would violate a collective bargaining agreement, the appropriate labor organization and employer must provide written concurrence before the employment activity is undertaken.
(c)
An adult participating in an employment activity operated with WtW funds, as described in § 645.220(c) of this subpart, must not be employed or assigned:
(1)
When any other individual is on layoff from the same or any substantially equivalent job within the same organizational unit;
(2)
If 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 WtW participant; and,
(3)
If the employer has caused an involuntary reduction to less than full time in hours of any employee in the same or substantially equivalent job within the same organizational unit.
(d)
Regular employees and program participants alleging displacement may file a complaint pursuant to § 645.270 of this part ( section 403(a)(5)(J)(i) ).