(a) Each local area, State and direct recipient of funds under
title I of WIA, except for Job Corps, must establish and maintain a
procedure for grievances and complaints according to the requirements
of this section. The grievance procedure requirements applicable to Job
Corps are set forth at 20 CFR 670.990.
(b) Local area procedures must provide:
(1) A process for dealing with grievances and complaints from
participants and other interested parties affected by the local
Workforce Investment System, including one-stop partners and service
providers;
(2) An opportunity for an informal resolution and a hearing to be
completed within 60 days of the filing of the grievance or complaint;
(3) A process which allows an individual alleging a labor standards
violation to submit the grievance to a binding arbitration procedure,
if a collective bargaining agreement covering the parties to the
grievance so provides; and
(4) An opportunity for a local level appeal to a State entity when:
(i) No decision is reached within 60 days; or
(ii) Either party is dissatisfied with the local hearing decision.
(c) State procedures must provide:
(1) A process for dealing with grievances and complaints from
participants and other interested parties affected by the Statewide
Workforce Investment programs;
(2) A process for resolving appeals made under paragraph (b)(4) of
this section;
(3) A process for remanding grievances and complaints related to
the local Workforce Investment Act programs to the local area grievance
process; and
(4) An opportunity for an informal resolution and a hearing to be
completed within 60 days of the filing of the grievance or complaint;
and
(d) Procedures of direct recipients must provide:
(1) A process for dealing with grievance and complaints from
participants and other interested parties affected by the recipient's
Workforce Investment Act programs; and
(2) An opportunity for an informal resolution and a hearing to be
completed within 60 days of the filing of the grievance or complaint.
(e) The remedies that may be imposed under local, State and direct
recipient grievance procedures are enumerated at WIA section 181(c)(3).
(f)(1) Under WIA section 188(a), complaints of discrimination from
participants and other interested parties must be handled in accordance
with WIA section 188(b), and the Department of Labor nondiscrimination
regulations implementing that section.
(2) Questions about or complaints alleging a violation of the
nondiscrimination provisions of WIA section 188 may be directed or
mailed to the Director, Civil Rights Center, U.S. Department of Labor,
Room N4123, 200 Constitution Avenue, NW, Washington, DC 20210, for
processing.
(g) Nothing in this subpart precludes a grievant or complainant
from pursuing a remedy authorized under another Federal, State or local
law.
