San Francisco County Municipal Code Art. 71 Displaced Worker Protection

[Sec. 71.4. Appeal Procedure.]1

*Editor’s Note: Former Police Code Article 33C (“Displaced Worker Protection”) was redesignated as Labor and Employment Code Article 71 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024. 1 Editor’s Note: Ord. 59-23 added Police Code Section 3300C.4 (now at Labor and Employment Code Section 71.4) without adding a heading. This heading has been included for ease of reference, with square brackets to indicate that it is unofficial.

Notwithstanding the provisions of Section 71.2, a successor contractor or subcontractor may replace an employee retained pursuant to this Article with a person employed by the contractor or subcontractor continuously for eight months prior to the commencement of the successor service contract or subcontract in a capacity similar to that proposed under the successor service contract or subcontract. This Section shall apply only where the existing employee of the successor contractor or subcontractor would otherwise be laid off work as a result of the award of the successor contract. (Added as Police Code Sec. 3300C.4 by Ord. 165-98, App. 5/21/98; redesignated as Police Code Sec. 3300C.5 by Ord. 59-23, File No. 230166, App. 4/21/2023, Eff. 5/22/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024) (Former Police Code Sec. 3300C.5 added by Ord. 165-98, App. 5/21/98; redesignated as Police Code Sec. 3300C.6 by Ord. 59-23, File No. 230166, App. 4/21/2023, Eff. 5/22/2023; redesignated as Labor and Employment Code Sec. 71.6 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article shall only apply to contracts entered into on or after the effective date of this Article. (Added as Police Code Sec. 3300C.5 by Ord. 165-98, App. 5/21/98; redesignated as Police Code Sec. 3300C.6 by Ord. 59-23, File No. 230166, App. 4/21/2023, Eff. 5/22/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024) (Former Police Code Sec. 3300C.6 added by Ord. 165-98, App. 5/21/98; redesignated as Police Code Sec. 3300C.7 by Ord. 59-23, File No. 230166, App. 4/21/2023, Eff. 5/22/2023; redesignated as Labor and Employment Code Sec. 71.7 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If any severable provision or provisions of this Article or any application thereof is held invalid, such invalidity shall not affect any other provisions or applications of the Article that can be given effect notwithstanding such invalidity. (Added as Police Code Sec. 3300C.6 by Ord. 165-98, App. 5/21/98; redesignated as Police Code Sec. 3300C.7 by Ord. 59-23, File No. 230166, App. 4/21/2023, Eff. 5/22/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)