1640 Grievance Procedures for Regular Employees of Businesses with OJT and/or Worksite Agreements -These procedures were developed to resolve complaints, including complaints by regular employees of businesses that have an OJT contract or a Worksite Agreement. The Cooperative Work Site Agreement (ES-4104) may be found in the Forms. A copy of this form should be provided to all work places that utilize work experience and OJT participants. This notice should be made available to all work places that utilize work experience and OJT participants, and the work places should be notified that the notice should be posted in locations where currently employed staff would review them. Many private employers have established their own employment related grievance procedures, and these procedures should be utilized when available. If the employer's procedures do not lead to satisfactory results for the complainant, or if the employer has not developed an employee grievance process, the following grievance procedures should be utilized. These procedures are as follows:
Step 1 - The complainant can file a written grievance with the DCF Regional Director or designee, requesting an informal resolution; or, the complainant can file a written grievance directly to the designated state hearing officer. The written grievance shall contain the following information and shall be filed with either the DCF Regional Director or designee if desiring an informal resolution or with a qualified state hearing agency if desiring a formal resolution within thirty (30) working days of the occurrence complained of:
Date(s) of occurrence(s);
Place(s) of occurrence(s);
Time(s) of occurrence(s);
Name(s) of witness(es) to the occurrence;
Narrative of occurrence(s);
Previous training counseling, and discipline related to the occurrence(s); and
Whether a grievance was pursued through the private employer, and if so, the result and documentation of the result.
If the written grievance is filed with the DCF Regional Director or designee, the local office has fourteen (14) days from the date the written grievance is received to investigate and provide a written decision to the complainant and responder. If the written grievance is filed with the qualified hearing agency, the grievance will follow the same procedures utilized in Step 2 as appeals of local office decisions.
Step 2 - If the decision reached by the DCF Regional Director or designee fails to meet the complainant's satisfaction, the complainant has five (5) days from the receipt of an DCF Regional Director's or designee's decision to request an impartial hearing appealing the DCF Regional Director or designee's decision. The DCF Regional Director or designee must insure that an impartial hearing is conducted by a qualified state hearing officer within a reasonable amount of time not to exceed sixty (60) days.
If the complainant decides to bypass the informal resolution and desires formal resolution, as stated in Step 1, the grievance must be filed with a qualified state hearing agency within (3) days of occurrence, containing the information outlined in Step 1 and the complainant must receive a hearing within sixty (60) days from the date the complaint is filed.
The state hearing agency will schedule a hearing within forty-five (45) days of the receipt of the written grievance or appeal. The complainant and respondent shall receive written notice of the hearing date at least ten (10) days prior to the hearing. This written notice shall contain the date, time, and place of hearing. The hearing shall occur on the record and the complainant and respondent will have the opportunity to present evidence, bring witnesses, cross examine witnesses, be represented by counsel, and receive a written final decision.
The complainant may request a continuance of the hearing for up to a ten (10) day continuance but in no instance shall the hearing exceed the sixty (60) day requirement from the original filing of the grievance or the appeal.
The written final decision of the impartial hearing board shall contain findings of fact, supporting evidence, and conclusions of law. This written decision shall be issued within twenty-five (25) days from the hearing date and in no instance can exceed ninety (90) days from the date of the originally filed grievance or appeal.
Appeals to the Secretary of Labor - Should the decision of the State issued through the qualified hearing board fail to satisfactorily resolve the grievance, the complainant can appeal the State decision to the Office of Administrative Law Judges, U.S. Department of Labor, Vanguard Building, Room 600, 1111 20th Street N. W., Washington, D.C. 20036.
This appeal shall be filed with the Office of Administrative Law Judges within twenty (20) days of receipt of the State's final decision. The complainant shall send copies of the appeal to the Assistant Secretary for Employment and Training, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, D.C. 20210 and to the Assistant Secretary for Family Support, Department of Health and Human Services, 370 L' Enfant, Promenade SW, 6th Floor, Washington, D.C. 20447.
The appeal shall contain the following:
The full name, address and telephone number of the complainant;
The provisions of the statute or regulations believed to have been violated;
A copy of the original complaint filed by the complainant with the State; and
A copy of the State's findings and decision regarding the appellant's complaint.