Page:United States Statutes at Large Volume 112 Part 2.djvu/155

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1039 (b) LABOR STANDARDS.— (1) LIMITATIONS ON ACTIVITIES THAT IMPACT WAGES OF EMPLOYEES.— No funds provided under this title shall be used to pay the wages of incumbent employees during their participation in economic development activities provided through a statewide workforce investment system. (2) DISPLACEMENT. — (A) PROHIBITION.—A participant in a program or activity authorized under this title (referred to in this section as a "specified activity") shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of the participation), (B) PROHIBITION ON IMPAIRMENT OF CONTRACTS.— A specified activity shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned. (3) OTHER PROHIBITIONS.— ^A participant in a specified activity shall not be employed in a job if— (A) any other individual is on layoff from the same or any substantigJly equivalent job; (B) the employer has terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created with the participant; or (C) the job is created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation). (4) HEALTH AND SAFETY.—Health and safety standards established under Federal and State law otherwise applicable to working conditions of employees shall be equally applicable to working conditions of participants engaged in specified activities. To the extent that a State workers' compensation law applies, workers' compensation shall be provided to participants on the same basis as the compensation is provided to other individuals in the State in similar employment. (5) EMPLOYMENT CONDITIONS.— Individuals in on-the-job training or individuals employed in programs and activities under this title, shall be provided benefits and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same type of work. (6) OPPORTUNITY TO SUBMIT COMMENTS.— Interested members of the public, including representatives of businesses and of labor organizations, shall be provided an opportunity to submit comments to the Secretary with respect to programs and activities proposed to be funded under subtitle B. (7) No IMPACT ON UNION ORGANIZING.— Each recipient of funds under this title shall provide to the Secretary assurances that none of such funds will be used to assist, promote, or deter union organizing. (c) GRIEVANCE PROCEDURE.—

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