Any employment or training program position described in subdivisions (a) to (
l
), inclusive, of Section 11322.6 or Section 11322.9 or under any county pilot project, shall not be created as a result of, or shall not result in, any of the following:
(a)Displacement or partial displacement of current employees, including, but not limited to, a reduction in hours of nonovertime and overtime work, wages, or employment benefits.
(b)The filling of positions which would otherwise be promotional opportunities for current employees, except when positions are to be filled through an open process in which recipients are provided equal opportunity to compete.
(c)The filling of a position, prior to compliance with applicable personnel procedures or provisions of collective bargaining agreements.
(
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Any employment or training program position described in subdivisions (a) to (
l
), inclusive, of Section 11322.6 or Section 11322.9 or under any county pilot project, shall not be created as a result of, or shall not result in, any of the following:
(a)
Displacement or partial displacement of current employees, including, but not limited to, a reduction in hours of nonovertime and overtime work, wages, or employment benefits.
(b)
The filling of positions which would otherwise be promotional opportunities for current employees, except when positions are to be filled through an open process in which recipients are provided equal opportunity to compete.
(c)
The filling of a position, prior to compliance with applicable personnel procedures or provisions of collective bargaining agreements.
(d)
The filling of established unfilled public agency positions, unless the positions are unfunded in a public agency budget.
(e)
The filling of a position created by termination, layoff, or reduction in workforce, caused by the employer’s intent to fill the position with a subsidized position pursuant to this article.
(f)
A strike, lockout, or other bona fide labor dispute, or
violation of any existing collective bargaining agreement between employees and employers.
(g)
The filling of a work assignment customarily performed by a worker in a job classification within a recognized collective bargaining unit in that specific worksite, or the filling of a work assignment in any bargaining unit in which funded positions are vacant or in which regular employees are on layoff.
(h)
The termination of a contract for services, prior to its expiration date, that results in the displacement or partial displacement of workers performing contracted services, caused by the employer’s intent to fill the position with a subsidized position pursuant to this article.
(i)
The filling of a work assignment that results in not rehiring a seasonal employee who has a history of regular seasonal employment with an
employer. The provisions of this subdivision shall apply only to the construction industry.
(j)
The denial to a participant or employee of protections afforded other workers on the worksite by state and federal laws governing workplace health, safety, and representation.
(k)
Subdivisions (b), (d), and (g) shall not apply to unsubsidized employment placements.