[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1216.1-3]



[Page 49]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1216_NONDISPLACEMENT OF EMPLOYED WORKERS AND NONIMPAIRMENT OF 

CONTRACTS FOR SERVICE--Table of Contents

 

Sec. 1216.1-3  Policy.



    (a) Volunteers enrolled or participating in programs referred to in 

paragraphs (a) and (b) of Sec. 1216.1-2 may not perform any services or 

duties or engage in activities which would otherwise be performed by an 

employed worker as part of his assigned duties as an employee.

    (b) Volunteer referred to in paragraph (a) of this section may not 

perform any services or duties or engage in activities which will 

supplant the hiring of employed workers. This prohibition is violated 

if, prior to engaging a volunteer, an agency or organization referred to 

in Sec. 1216.1-2(c) had intended to hire a person to undertake all or a 

substantial part of the services, duties, or other activities to be 

provided by the volunteer.

    (c) Volunteers referred to in paragraph (a) of this section may not 

perform any services or duties or engage in activities which result in 

the displacement of employed workers. Such volunteers may not perform 

services or duties which have been performed by or were assigned to, any 

of the following:

    (1) Presently employed workers,

    (2) Employees who recently resigned or were discharged,

    (3) Employees who are on leave (terminal, temporary, vacation, 

emergency, or sick), or

    (4) Employees who are on strike or who are being locked out.

    (d) Volunteers referred to in paragraph (a) of this section may not 

perform any services or duties or engage in activities which impair 

existing contracts for service. This prohibition is violated if a 

contract for services is modified or cancelled because an agency or 

organization referred to in Sec. 1216.1-2(b) engages a volunteer to 

provide or perform all or a substantial part of any services, duties, or 

other activities set forth in such contract. The term ``contract for 

services'' includes but is not limited to contracts, understandings and 

arrangements, either written or oral, to provide professional, 

managerial, technical, or administrative services.

    (e) Agencies and organizations referred to in Sec. 1216.1-2(b) are 

prohibited from assigning or permitting volunteers referred to in Sec. 

1216.1-2(a) to perform any services or duties or engage in any 

activities prohibited by paragraphs (a) through (d) of this section.