Section I Definitions
A. "Issue - (Local level) - any dispute or
controversy relating to the CETA program which arises among the prime sponsor,
its contractors and subcontractors, participants and other aggrieved parties.
Issues may include, but are not limited to:
1)
Alleged civil rights violations;
2)
Conflicts over pay, benefits, or working hours.
B. "Complaint" - (Prime Sponsor level) - an
oral or written expression of dissatisfaction to the Vermont Comprehensive
Employment and Training Office concerning an issue which has not been
satisfactorily resolved by local procedures at its point of origin.
C. "Formal Allegation" - (Department of Labor
level) - An aggrieved party's formal statement of dissatisfaction which has not
been resolved by the Prime Sponsor, and is presented to the Regional
Administrator for Employment and Training.
D. "Contractor" - That agency, whether in the
public or private sector, with whom the Prime Sponsor contracts to provide
services, under the Comprehensive Employment and Training Act, to qualified
participants.
E. "Director" - The
Director of the Vermont Comprehensive Employment and Training Office, or his or
her designee.
F. "Local Procedure"
- The procedure which each contractor establishes to resolve issues at their
point of origin (see Section III).
G. "Participant" - An individual who
qualifies and receives services, or takes part in activities under the
provisions of the Comprehensive Employment and Training Act.
H. "Prime Sponsor" - The State of Vermont,
through the Vermont Comprehensive Employment and Training Office.
I. "Act" - The Comprehensive Employment and
Training Act of 1973 ("CETA"), as amended.
Section II Policy
A. It is the policy of the Vermont
Comprehensive Employment and Training Office to require a prompt and timely
determination of any unresolved issues, by use of local procedures wherever
possible.
B. This procedure is
available for prompt resolution of issues which may arise among the Prime
Sponsor, its contractors, and any aggrieved party, e.g., participants,
applicants, local governments, community organizations, and the general public.
However, where an issue is raised by a party who will not be directly affected
by its outcome, the Director shall have the discretion to appoint a
representative to meet with that party and to discuss the issue without
resorting to the fair hearing process.
C. The Director will (through executive
directive, corrective action, fair hearing, or other action) attempt to resolve
all anticipated or existing issues, complaints, or infractions of the
Comprehensive Employment and Training Act, and any amendments
thereto.
D. The Prime Sponsor shall
be notified immediately in writing by the contractor of:
1. Issues arising at the local
level.
2. Complaints received at
its local level.
3. Allegations of
discrimination.
4. All local
procedures (see SECTION III).
5.
All administrative separations.
E. Any issue which is not resolved by local
procedure shall be filed as a complaint in accordance with SECTION IV.
F. All partieshave the right to be
represented by legal counsel or other representative of their choosing. CETA
funds may not be used by participants to hire such legal counsel.
G. All issues raised by the general public
will be directed to, and resolved by the Vermont Comprehensive Employment and
Training Office.
H. The authority
for all decisions within the Comprehensive Employment and Training Act within
the State of Vermont rests with the Director of the Vermont Comprehensive
Employment and Training Office whose determination will be final. Any further
appeal will be directed to the U.S. Department of Labor in accordance with
Section IV, B, 6.
Section III Local
Procedure
A. Each potential contractor will
submit its local issue resolution procedure to the Director with its
application for a Comprehensive Employment and Training Act contract. Contracts
will not be awarded until these procedures are reviewed, revised and found
acceptable by this office. Local procedures must include:
1. Protection for the civil rights of all
involved parties.
2. An
opportunity, such as a conference, for all parties to meet informally and
attempt to resolve issues.
Local procedures must also provide for a maximum time limit
(not greater than 30 days) after an issue arises during which the complainant
must raise the issue.
B. Each contractor's local procedure will
constitute the first level for addressing issues raised by an aggrieved party.
In the event of the involvement of a sub-contractor, an outstation, or local
office, the contractor bears the responsibility for resolving these issues in a
prompt and timely manner by its own local procedures. All issues should be
resolved by the contractor within 15 working days. If not, any party may
immediately file a complaint with the prime sponsor.
C. Procedures for Staff Employees
All contractors will have, and insure that their staffs are
aware of, a local procedure to address employment issues. All procedures must
be approved prior to contract award, as above (see Section III, A).
Contractors' staff personnel must first utilize local procedures for resolving
all employment issues. If any such issue involves a violation of the Act or of
federal CETA regulations, it may be appealed by filing a complaint with the
Vermont Comprehensive Employment and Training Office under Section
IV, A.
Staff employees of the prime sponsor shall avail themselves,
where applicable, of the State Grievance Procedure as their exclusive means of
resolving employment disputes. If for any reason the State Grievance Procedure
is not available to a staff employee, or if that employee alleges a violation
of the Act or federal CETA regulations which cannot be addressed in the State
Grievance Procedure, then that employee may file a complaint under Section
IV, A.
D. Notification to Participant
Upon each participant's enrollment in the program, the
contractor will provide two (2) copies of the notification concerning the local
procedure which would be used to redress his/her complaint(s). One copy will be
retained by the participant, and one copy will be signed and placed in his/her
personnel folder by the contractor. A copy of this notification will be
available to the public at all times, and will contain the following minimum
information:
1. The name, address, and
telephone number of the contractor's representative to contact with his/her
complaint.
2. A brief and
understandable summary of the local procedure.
3. Notice of his/her right to request a fair
hearing at the Vermont Comprehensive Employment and Training Office, and
subsequently to appeal to the Department of Labor.
4. Notification of the aggrieved party's
right to be represented by counsel or other representative of his/her choosing,
at their expense.
Section
IV Vermont Comprehensive Employment and Training Office Issue
Resolution Procedure
A. General Considerations
1. If a satisfactory settlement is not
reached at the point of origin (local level), a complaint may be presented to
the Vermont Comprehensive Employment and Training Office.
2. All complaints filed with the Vermont
Comprehensive Employment and Training Office shall be submitted within five
days after receipt of an unfavorable decision at the point of origin. Where no
local level procedure is available, a complainant must file his complaint
within 30 days of the incident generating the complaint.
3. Complaints shall be filed with the Vermont
Comprehensive Employment and Training Office, 79 River Street, Montpelier,
Vermont 05602 (828-3355), and must contain the following information.
a. The full name and address of the person
submitting the complaint;
b. The
full name and address of the employing agency;
c. A concise statement of the nature of the
complaint and how a local resolution was attempted; and,
d. A statement of the remedial action sought.
The Director shall acknowledge receipt of complaints in writing
within five (5) days of receipt.
4. Upon receipt of a complaint the Director
may immediately assign an appropriate staff member to investigate matters
concerning discrimination will be assigned to the Equal Employment Opportunity
Officer.
5. The investigator will
make a written report of his or her findings of fact within 20 working days.
The investigator may also in his or her discretion, make recommendations toward
a resolution of the matter prior to an informal fair hearing. If a fair hearing
is later held, the investigative report may be made a part of the record,
subject to the objections of any parties.
6. If no resolution is forthcoming, the
Director will schedule a fair hearing not later than 30 working days after the
receipt of a complaint. The Director shall give reasonable notice of the fair
hearing to all parties. Such notice shall include:
a. The date, time, and place of
hearing.
b. A statement of the
issues, including references to pertinent laws, procedures, and contracts,
where pertinent.
c. Reference to
the right to submit written briefs, the right to bring witnesses and present
evidence, the right to be represented (at participant's expense) by counsel or
other representatives of their own choosing, and the right to-request a
rescheduling of the hearing for good cause.
B. The Fair Hearing
When appropriate, an informal fair hearing will be conducted by
the Director's designee.
1. The
Hearing Officer will conduct the hearing informally, provide all parties an
opportunity to respond and present evidence on all issues involved, and then
make a written recommendation to the Director within 15 working days after the
hearing.
2. Should any party fail,
without reasonable excuse, to appear as scheduled, a recommendation may be made
on the basis of information submitted in his/her absence.
3. A recording of the oral proceedings will
be taken, and a copy of those documents presented will be attached. These
records will be retained by the Vermont Comprehensive Employment and Training
Office, and copies will be provided to any authorized party upon request and
payment of reason able cost.
4. The
informal hearing will be scheduled and held in such a manner as to be the least
disruptive to the Comprehensive Employment and Training Act operation, and
place as little hardship as possible upon the involved parties.
5. If a hearing is scheduled outside the town
of a participant residence, the Vermont Comprehensive Employment and Training
Office shall pay his/her reasonable * travel expenses upon verification of such
expenses.
* The maximum allowable travel reimbursements are those
established by the State of Vermont.
6. Upon receipt of the hearing officer's
recommendation, the Director will render the final decision within 10 working
days and will notify all parties in accordance with Section V. Included in this
notice shall be the manner and place (address) in which a formal allegation
against the Director's decision can be filed with the Regional Administrator
for Employment and Training (Department of Labor level):
Luis Sepulveda
Regional Administrator for Employment and Training
U.S. Department of Labor
JFK Federal Building
Boston, Massachusetts 02203
7. A formal allegation shall be initiated
within 30 days of the date of the Director's decision and in accordance with
sections 98.40 - 98.44 of Subpart C - Hearings and Judicial Review of Federal
Register - Dated October 18, 1977.
8. In the event of an appeal to the
Department of Labor, any party may request the Director to delay implementation
of his/her decision until the appeal is decided.
9. The Vermont Comprehensive Employment and
Training Office will abide by the final results of the federal hearing process
(Department of Labor level).
Section V Service of Decisions
Hearing decisions shall be served by certified mail, return
receipt requested; or hand delivered (hand delivery to be verified by signed
receipt).
Section VI
Extensions of Time
The time limits specified in this Issue Resolution Procedure
may be extended for good cause by the Director. This does not apply to the time
limits established by the Department of Labor for initiating a formal
allegation.
21 V.S.A.
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