1. 1. Nondisplacement of existing employees; nonavailability for layoff replacement; noninfringement on promotional opportunities or collective bargaining agreements; labor disputes A participant who is required to work as a condition of receiving public assistance may not be employed in or assigned to:

   1. A. A position that was previously filled by a regular employee when that employee is on layoff from the same or an equivalent position or when the vacancy was created by terminating an employee or otherwise reducing the workforce;

      [PL 1997, c. 443, §1 (NEW).]

   2. B. An established position that is vacant;

      [PL 1997, c. 443, §1 (NEW).]

   3. C. A worksite where there is a labor dispute, including a strike or lockout; or

      [PL 1997, c. 443, §1 (NEW).]

   4. D. A worksite in a manner that violates an existing contract or collective bargaining agreement or infringes on the promotional opportunities for any employees.

      [PL 1997, c. 443, §1 (NEW).]

   [PL 2007, c. 539, Pt. N, §56 (AMD).]

2. 2. Grievance procedures The commissioner, with assistance from the department, shall adopt rules to ensure that: Rules adopted pursuant to this subsection are routine technical rules in accordance with Title 5, chapter 375, subchapter II‑A.

   1. A. Persons required to work as a condition of receiving public assistance have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1; and

      [PL 1997, c. 443, §1 (NEW).]

   2. B. Regular employees at a worksite where a person required to work as a condition of receiving public assistance works have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1.

      [PL 1997, c. 443, §1 (NEW).]

   Rules adopted pursuant to this subsection are routine technical rules in accordance with Title 5, chapter 375, subchapter II‑A.

   [PL 1997, c. 443, §1 (NEW).]

3. 3. Penalty Employers who do not comply with the requirements of this section may not participate in any work program for individuals required to work as a condition of receiving public assistance.

   [PL 1997, c. 443, §1 (NEW).]

PL 1997, c. 443, §1 (NEW). PL 2007, c. 539, Pt. N, §56 (AMD).