Section R6-10-302. Job Displacement

Regular employees of employers with whom Jobs participants are placed in unpaid or subsidized jobs may file a grievance regarding displacement as prescribed in this Article. As used in this Section, “displacement” means assignment of a participant to a position which:

1.        Results in the termination or reassignment of a regular employee;

2.        Results in the reduction of non-overtime work, wages, or benefits for a regular employee;

3.        Impairs an existing contract for service or a collective bargaining agreement;

4.        Fills the position of a regular employee on layoff status;

5.        Creates a new position for the participant that has sub- stantially the same job functions as the position held by a regular employee who is on layoff or subsequently termi- nated;

6.        Infringes upon the promotional opportunities of a regular employee; or

7.        Fills any established, unfilled position that can be filled by a qualified, regular employee who has applied for the position.

Historical Note

Adopted effective December 11, 1995 (Supp. 95-4). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (Supp. 05-4).

Note

Editor’s Note: The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pur- suant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S.

mit these rules to the Governor’s Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.