Sec. 308.008. RIGHTS OF REGULAR EMPLOYEES. (a) Except as provided by Subsection (b), not more than 20 percent of an employer's workforce may consist of trainees under the program.
(b) Subsection (a) does not apply to an employer who has fewer than 50 employees.
(c) As a condition of participation in the program, an employer whose regular employees are subject to a collective bargaining agreement shall notify the applicable collective bargaining agent of the employer's intent to participate in the program. The employer shall provide the notice required under this subsection before accepting trainees at the employer's workplace.
(d) A participating employer may not accept a trainee for participation in a training course conducted under the program if that participation will:
(1) result in:
(A) the displacement or partial displacement of a regular employee from an existing position;
(B) the elimination of a vacant position created by the laying off of a regular employee during the 90 days preceding the employer's participation in the program;
(C) the elimination of a position that would otherwise constitute a promotion for a regular employee; or
(D) a hiring freeze implemented by the employer; or
(2) impair a collective bargaining agreement in effect on the date that the employer proposes to begin participation in the program.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.
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