Iowa Code r. 441-93.17 - [Effective until 7/1/2025] Worker displacement grievance procedure
The PROMISE JOBS program shall provide a grievance procedure to address and resolve public complaints regarding the displacement of regular workers with program participants in a work experience placement.
(1) The procedure shall provide that:
a. Complaints must be filed in writing and
received by the PROMISE JOBS service provider within one year of the alleged
violation.
b. A representative of
the PROMISE JOBS service provider must schedule a face-to-face interview with
the complainant within 7 days of the date the complaint is filed, to provide
the opportunity for informal resolution of the complaint.
c. Written notice of the location, date and
time of the face-to-face interview must be provided.
d. An opportunity must be provided to present
evidence at the face-to-face interview.
e. The representative of the PROMISE JOBS
service provider shall issue a decision in writing within 14 days of the date a
complaint is filed.
f. A written
explanation must be provided to all involved parties of the right to file a
written appeal, according to 441-Chapter 7, if the opportunity for informal
resolution is declined, if a party receives an adverse decision from the
PROMISE JOBS service provider, or if there is no decision within the 14-day
period.
(1) To be considered, an appeal must
be filed with the department within 10 days of the mailing date of the adverse
decision or within 24 days of the date a complaint is filed.
(2) An appeal hearing will not be granted
until informal resolution procedures have been exhausted, unless a decision has
not been issued within 24 days of the complaint filing date.
(2) The department shall
issue a final decision within 90 days of the date the complaint was filed with
the PROMISE JOBS service provider.
(3) Any dissatisfied party shall be informed
of the right to appeal the decision of the department to the Secretary of
Labor, Office of Administrative Law Judges, U.S. Department of Labor, within 20
days of the receipt of the department's final decision.
a. For the purposes of this rule, the
department's final decision shall be considered received the second day after
the date that the written decision was mailed, unless the intended recipient
can demonstrate that it was not received on the second day after the mailing
date. When the second day falls on a Sunday or legal holiday, the time shall be
extended to the next mail delivery date.
b. The option to appeal to the Secretary of
Labor does not preclude an individual from exercising any right to judicial
review as provided in Iowa Code chapter 17A or as described in 441-Chapter
7.
(4) Upon notice of a
complaint or grievance, the PROMISE JOBS office must provide the complaining
party with a copy of the grievance procedures, notification of the right to
file a formal complaint and instruction on how to file a complaint.
(5) Upon filing a complaint, and at each
stage thereafter, each complainant must be notified in writing of the next step
in the complaint procedure.
(6) The
identity of any person who has furnished information relating to, or assisting
in, an investigation of a possible violation must be kept confidential to the
extent possible, consistent with due process and a fair determination of the
issues.
(7) All employers who
participate in the PROMISE JOBS program shall provide assurances that all
regular employees are aware of this grievance procedure.
Notes
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