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<br /> <br /> <br /> <br /> Page 10 of 21 <br />Fellows to duplicate or displace staff (see 45 CFR § 2540.100(e)-(f), noted below) <br /> <br />(e) Nonduplication. AmeriCorps assistance may not be used to duplicate an activity that is <br />already available in the locality of a program. And, unless the requirements of paragraph (f) of <br />this section are met, AmeriCorps assistance will not be provided to a private nonprofit entity to <br />conduct activities that are the same or substantially equivalent to activities provided by a State or <br />local government agency in which such entity resides. <br />(f) Nondisplacement. <br />(i) An employer may not displace an employee or position, including partial displacement <br />such as reduction in hours, wages, or employment benefits, as a result of the use by such <br />employer of a participant in a program receiving AmeriCorps assistance. <br />(ii) An organization may not displace a volunteer by using a participant in a program <br />receiving AmeriCorps assistance. <br />(iii) A service opportunity will not be created under this chapter that will infringe in any <br />manner on the promotional opportunity of an employed individual. <br />(iv) A participant in a program receiving AmeriCorps assistance may not perform any <br />services or duties or engage in activities that would otherwise be performed by an <br />employee as part of the assigned duties of such employee. <br />(v) A participant in any program receiving assistance under this chapter may not perform <br />any services or duties, or engage in activities, that— <br />1. Will supplant the hiring of employed workers; or <br />2. Are services, duties, or activities with respect to which an individual has recall <br />rights pursuant to a collective bargaining agreement or applicable personnel <br />procedures. <br />(vi) A participant in any program receiving assistance under this chapter may not perform <br />services or duties that have been performed by or were assigned to any— <br />i. Presently employed worker; <br />ii. Employee who recently resigned or was discharged; <br />iii. Employee who is subject to a reduction in force or who has recall rights <br />pursuant to a collective bargaining agreement or applicable personnel procedures; <br />iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); <br />or <br />v. Employee who is on strike or who is being locked out. <br /> <br />Labor Union Concurrence: In following non-duplication and non-displacement AmeriCorps policies as <br />noted above, the City must obtain the written concurrence of any local labor organization(s) representing <br />employees of the City who are engaged in the same or substantially similar work as that proposed to be <br />carried out by the Fellow in Exhibit B if they: <br />1. Will serve as a placement site for AmeriCorps members (Fellows); <br />2. Has employees engaged in the same or substantially similar work as that proposed to be <br />carried out by AmeriCorps members; and <br />3. Those employees are represented by a local labor organization. <br />Written concurrence can be in the form of a letter or e- mail from the local union leadership. Written <br />concurrence should be included along with this contract if applicable. <br /> <br />Docusign Envelope ID: F2A4CF88-30DD-4B58-ABA8-2CEC99F94209