(a) An adult participating in an employment activity operated with
WtW funds, as described in Sec. 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
Sec. 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 Sec. 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 Sec. 645.270 of this part
(section 403(a)(5)(J)(i)).
