Section 24 000 002 - CETA ISSUE RESOLUTION PROCEDURESection 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 ProcedureA. 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 ProcedureA. 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. § 1305
24-002 Code Vt. R. 24-000-002-X
EFFECTIVE DATE: July 11, 1978 (SOS Rule Log # 78-71)
AMENDED: April 2007 (Department of Employment and Training merged with the Department of Labor and Industry to form a new Department of Labor. Formerly 23 005 002 under Department of Employment and Training)