Bonner AmeriCorps Manual - Grievance


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Grievance Procedures


In the event that informal efforts to resolve disputes are unsuccessful, AmeriCorps members, labor unions, and other interested individuals may seek resolution through the following grievance procedures. These procedures are intended to apply to service-related issues, such as assignments, evaluations, suspensions, or release for cause, as well as issues related to non-selection of members, displacement of employees, or duplication of activities by AmeriCorps Members.

 

A.  Setting Up a Grievance Procedure  

In accordance with 42 U.S.C. 12636 and implementing regulations at 45 C.F.R. 2540.230, the Grantee must establish and implement a process for filing and adjudicating grievances from members, labor organizations and other interested parties.  A grievance process may include dispute resolution programs such as mediation, facilitation, assisted negotiation and neutral evaluation.  A grievance process must provide an opportunity for a grievance hearing and binding arbitration.  If the grievance alleges fraud or criminal activity, it must be brought to the attention of the Inspector General of the Corporation immediately.  Discrimination complaints may also be raised through the grievance procedure. In order to officially file a grievance, the Member must complete and return the Grievance Form which can be obtained from the Bonner AmeriCorps National Program Staff.

 

B.  If Sub-Grantee Is No Longer in Existence

In the event that a Sub-Grantee of a direct Grantee of the Corporation is no longer in existence or otherwise does not provide a grievance procedure that complies with this Provision, the direct Grantee is responsible for handling any grievance in accordance with 45 C.F.R. 2540.230.  

 

C.  Alternative Dispute Resolution (ADR)

i. Informal Resolution

ii. Neutral Facilitation

 

D.  Formal Grievance Proceeding

i. Time Limits

ii. Effect on Informal Process

 

E.  Arbitration

i. Selection of Arbitrator

ii. Time Limits

iii. Cost

iv. Effect of Noncompliance with Arbitration

 

F.  Suspension of Placement

    1. If a grievance is filed regarding a proposed placement of a member in a Program or project, such a placement must not be made unless the placement is consistent with the resolution of the grievance.

 

G.  Remedies

    1. Prohibition of a placement of a member;
    2. In grievance cases where there is a violation on non-duplication or non-displacement requirements and the employer of the displaced employee is the Grantee:

a)  Reinstatement to the position held prior to the displacement;

b)  Payment of lost wages and benefits;

c)  Re-establishment of other relevant terms, conditions and privileges of employment; 

d) Any other equitable relief that is necessary to correct any violation of the non-duplication or non-displacement requirements or to make the displaced employee whole.

 


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