Section 1403 - Labor standards for persons required to work as condition of receiving public assistance and affected employees1.Nondisplacement of existing employees; nonavailability for layoff replacement; noninfringement on promotional opportunities or collective bargaining agreements; labor disputes. A participant who is required to work as a condition of receiving public assistance may not be employed in or assigned to:A. A position that was previously filled by a regular employee when that employee is on layoff from the same or an equivalent position or when the vacancy was created by terminating an employee or otherwise reducing the workforce; [1997, c. 443, §1 (NEW).]B. An established position that is vacant; [1997, c. 443, §1 (NEW).]C. A worksite where there is a labor dispute, including a strike or lockout; or [1997, c. 443, §1 (NEW).]D. A worksite in a manner that violates an existing contract or collective bargaining agreement or infringes on the promotional opportunities for any employees. [1997, c. 443, §1 (NEW).] [2007, c. 539, Pt. N, §56 (AMD).]
2.Grievance procedures. The commissioner, with assistance from the department, shall adopt rules to ensure that:A. Persons required to work as a condition of receiving public assistance have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1; and [1997, c. 443, §1 (NEW).]B. Regular employees at a worksite where a person required to work as a condition of receiving public assistance works have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1. [1997, c. 443, §1 (NEW).] Rules adopted pursuant to this subsection are routine technical rules in accordance with Title 5, chapter 375, subchapter II-A.
[1997, c. 443, §1 (NEW).]
3.Penalty. Employers who do not comply with the requirements of this section may not participate in any work program for individuals required to work as a condition of receiving public assistance. [1997, c. 443, §1 (NEW).]
1997, c. 443, § 1 (NEW) . 2007, c. 539, Pt. N, §56 (AMD) .