2006 New York Code - Displacement Of Employees.

 
    * § 21-509 Displacement of employees.
    a.  A  certified  individual  may  be  employed  by  a  sponsoring  or
  affiliated organization only if:
    1. such employment would not result in (i)  the  displacement  of  any
  currently  employed  worker or the loss of a position (including partial
  displacement such as reduction in the hours of non-overtime work,  wages
  or  employment  benefits)  or  the  impairment of existing contracts for
  services or collective bargaining agreements; (ii) any  infringement  of
  the  promotional  opportunities  of  any  current  employees;  (iii) the
  performance, by such certified individual, of a substantial  portion  of
  the work ordinarily and actually performed by regular employees; or (iv)
  the  loss  of  a  bargaining  unit position as a result of a participant
  performing, in part or in  whole,  the  work  normally  performed  by  a
  regular employee;
    2.  such employment is not at any work site at which regular employees
  are on a legal strike  or  are  being  subjected  to  lock  out  by  the
  sponsoring or affiliated organization;
    3. no other regular employee is available for reinstatement, recall or
  reemployment following an approved leave of absence, furlough, layoff or
  suspension from the same or substantially equivalent job; or
    4.  the  sponsoring  or affiliated organization has not terminated the
  employment of any regular employee or otherwise  reduced  its  workforce
  with  the  effect  of  filling  the vacancy or vacancies so created with
  certified individuals.
    b. Community-based organizations who are awarded contracts to become a
  sponsoring organization shall at  the  time  of  award  provide  written
  notification to its employees' collective bargaining representatives, if
  any,  regarding  such  plan. The notice shall include, at a minimum, the
  participants' expected work locations, job duties, approximate salaries,
  and the approximate number of hours to be worked.
    c. Local government agencies planning to enter into an agreement  with
  the department to become a sponsoring organization shall provide written
  notification to its employees' collective bargaining representatives, if
  any,  regarding  such  plan. The notice shall include, at a minimum, the
  participants' expected work locations, job duties, approximate salaries,
  and the approximate number of hours to be worked.
    * NB The validity of local law 14 of 2000 is currently  a  subject  of
  disagreement  between the Mayor and the City Council. This certification
  is not intended as a legal opinion as to the validity of the local  law,
  other than certifying the truth of the facts presented herein.