42 USC 12637 - Nonduplication and nondisplacement

U.S Code last checked for updates: May 02, 2024

§ 12637.

Nonduplication and nondisplacement

(a)

Nonduplication

(1)

In general

(2)

Private nonprofit entity

(b)

Nondisplacement

(1)

In general

(2)

Service opportunities

(3)

Limitation on services

(A)

Duplication of services

(B)

Supplantation of hiring

A participant in any program receiving assistance under the national service laws shall 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.

(C)

Duties formerly performed by another employee

A participant in any program receiving assistance under the national service laws shall 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—

(I)

is subject to a reduction in force; or

(II)

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.

(c)

Labor market information

(d)

Treatment of benefits

(e)

Standards of conduct

(f)

Parental involvement

(1)

In general

(2)

Parental permission

(Pub. L. 101–610, title I, § 177, Nov. 16, 1990, 104 Stat. 3163; Pub. L. 103–82, title I, § 117, title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 864, 918; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(42)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427; Pub. L. 111–13, title I, § 1605, Apr. 21, 2009, 123 Stat. 1530.)

cite as: 42 USC 12637