5101:4-3-36 Food assistance employment and training: displacement of other persons.

(A) Is it allowable for a food assistance employment and training participant to displace a person from employment?

Participants in the food assistance employment and training program shall not be assigned to program activities which result in the displacement of other persons. Displacement occurs when a participant's assignment results in removing or discharging employees or otherwise denying such employment to persons who:

(1) Are already employed as regular full-time or part-time employees .

(2) Are or have been employed full time or part time as participants in subsidized employment program/on the job training or in other publicly subsidized employment and training programs.

(3) Are or have been involved in a dispute between a labor organization and the employer or sponsor.

(4) Have been laid off and are either:

(a) Receiving unemployment compensation; or

(b) Subject to recall under the established policies of the employer or sponsor.

(B) Is it allowable for a work experience program (WEP) participant to fill a vacant position?

WEP participants shall not be used to fill existing vacant positions. No employment and training participant shall perform work which has the effect of reducing the work or promotional opportunities of employees. They may, however, perform the same type of work as the employee. Reducing the work of employees means reducing the number of hours, wages, or employment benefits of regular or part-time employees, or reducing the number of positions that the employer certifies would otherwise be filled by regular employees.

Replaces: 5101:4-3-36

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 5101.54 , 5107.40 , 5107.69
Prior Effective Dates: 3/1/83, 12/1/87 (Emer.), 2/15/88, 6/30/89 (Emer.), 9/23/89, 4/2/90, 7/1/91, 12/1/95 (Emer.), 2/19/96, 10/1/97 (Emer.), 12/20/97, 1/20/03, 10/1/07