Created by: Candace Hollingsworth
Modified on: November 11, 2022
Labor Union Concurrence
If a placement site for AmeriCorps members has employees engaged in the same or substantially similar work as performed by the AmeriCorps members and those employees are represented by a local labor organization, then the application must include the written concurrence of the local labor organization representing those employees.
Written concurrence can be in the form of a letter or e-mail from the local union leadership.
If Subgrantees plan to place AmeriCorps members at sites where they will be engaged in the same or substantially similar work as employees represented by a local labor organization, then the Subgrantee must submit a written description of how it will ensure that:
- AmeriCorps members won’t be placed in positions that were recently occupied by paid staff.
- No AmeriCorps member will be placed into a position for which a recently resigned or discharged employee has recall rights as a result of a collective bargaining agreement, from which a recently resigned or discharged employee was removed as a result of a reduction in force, or from which a recently resigned/discharged employee is on leave or strike.
Written concurrence must be sent to your TCN program director.
A. 9. Must a service sponsor submit a written concurrence from a labor union if there are employees in the area performing the same or similar work as that proposed to be carried out by AmeriCorps members?
Under Sec. 130(g), if employees of the service sponsor are
- “engaged in the same or substantially similar work” as that proposed to be carried out by AmeriCorps members, and
- represented by a labor union, then the service sponsor must obtain a written concurrence from the labor union and submit that concurrence along with the application.
Under Sec. 131(c), if there are (i) “employees in the area who are engaged in the same or similar work as that proposed to be carried out” by the AmeriCorps members, and (ii) those employees are represented by a labor union, then the program applicant must provide an assurance on its application that it will consult with that labor union prior to placing the AmeriCorps members. At some point before the program places the AmeriCorps members (not necessarily before the program applies for a grant), the applicant must have a conversation with the labor union and let them know what the program will be doing. The program doesn’t need to get the union’s concurrence, or consent, unless the labor union is representing the applicant’s own employees, and those employees are performing “the same or substantially similar” work as the AmeriCorps members.
See also: Labor Union/Organization Certification Form
