At a minimum, the LWIB Complaint and Grievance procedures must include the following provisions:

1. Local Level Complaints/Grievances

   1. Complaints and Grievances must be filed within one hundred eighty (180) days of the alleged violations.

   2. All individuals filing Complaints and Grievances shall be free from restraint, coercion, retaliation, and discrimination.

   3. The Complainant and Grievant must file the Complaint or Grievance in writing to the Local Area Complaint/Grievance Officer.

   4. The Complaint or Grievance must include the following information:

      1. Name, address, and telephone number of the Complainant/Grievant;

      2. Name, address, and telephone number of the person(s) and/or organization(s) that the Complaint/Grievance is against (the Respondent(s));

      3. A clear and concise statement of allegation(s) and facts of the case;

      4. The date of the alleged occurrence(s);

      5. The provisions of the Workforce Innovation and Opportunity Act, or the WIOA regulations, or policies believed to have been violated;

      6. The resolution being sought; and

      7. The signature of the Complainant/Grievant or his or her legal guardian/representative, if applicable.

   5. Upon receipt of a Complaint or Grievance, the Local Area Complaint/Grievance Officer or designee, shall acknowledge receipt of the Grievance or Complaint, if possible, by certified mail, return receipt requested. This must be done within ten (10) days of receipt of the Complaint or Grievance. If sending an acknowledgement via certified mail is not reasonable or possible, it may be sent by email or regular U.S. Mail. This acknowledgement shall be sent to the Complainant/Grievant and the Respondent(s) and shall:

      1. Attach a copy of the Complaint/Grievance filed;

      2. Outline the steps to be taken to resolve the matter;

      3. Advise the Parties to attempt to reach an informal resolution;

      4. Notify all Parties of the right to request a hearing if an informal resolution cannot be met; and

      5. Provide a summary of the issues to be decided.

   6. If a Complainant or Grievant seeks to amend or withdraw a Complaint/Grievance, the Complainant or Grievant must make a request to the Local Area Complaint/Grievance Officer in writing.

   7. Complaints or Grievances may be resolved through an informal resolution or a hearing process.

   8. An opportunity for an informal resolution and a hearing shall be completed within sixty (60) days of the filing of the Complaint or Grievance.

   9. If a Party is dissatisfied with the local area hearing decision or no decision is made within sixty (60) days of filing a Complaint or Grievance, a Party may file an appeal to the state.

   10. If a Grievant alleges a violation of labor standards, that individual may submit the Grievance to a binding arbitration procedure, if there is a collective bargaining agreement that covers the parties to the Grievance, which so provides.

2. Local Level Informal Resolution and Hearing Process

   1. Informal Resolution

      1. When a Complaint or Grievance has been resolved through an informal resolution process, the Complainant or Grievant and the Respondent(s) shall enter into a formal written resolution agreement.

         1. If the Complainant and Respondent choose to resolve the Complaint or Grievance through an informal resolution, they must make good faith efforts to do so prior to the scheduled hearing date and within sixty (60) days of the filing of the Complaint or Grievance.

            1. Parties are encouraged to resolve matters informally; however, failure to informally resolve a matter does not warrant dismissal of the Complaint or Grievance, nor should it be taken into consideration as part of the facts to be judged during the resolution process.

   2. Hearing

      1. Requests for a hearing shall be made by the Complainant or Grievant to the Local Area Complaint/Grievance Officer as soon as possible after the Complaint or Grievance is filed, but in no event later than thirty (30) days after the filing of a Complaint or Grievance.

         1. The Local Area Complaint/Grievance Officer shall appoint a Local Area Hearing Officer to conduct the hearings on Complaints or Grievances.

         2. The Local Area Hearing Officer shall be an individual who has qualifications necessary to conduct the proceedings and shall be impartial.

         3. Any Party may make a request for a change in the Local Area Hearing Officer within five (5) days of receiving notification of the hearing schedule and the designation of the Local Area Hearing Officer.

         4. Only one (1) request for designation of an alternate Local Area Hearing Officer may be made by any Party for each Complaint or Grievance filed.

      2. Written hearing notices shall be sent by the Local Area Hearing Officer to the Complainant or Grievant and Respondent(s), at least fifteen (15) days prior to the scheduled hearing date to allow for proper preparation of the case. The notice will include the date, time and place of the hearing.

         1. The Local Area Hearing Officer shall conduct the hearing in an informal manner. Technical rules of evidence do not apply.

            1. If circumstances allow, the Local Area Hearing Officer may conduct the hearing via telephonic or electronic means.

            2. The Parties shall be allowed the opportunity to present evidence, cross-examine witnesses, and be represented by legal counsel.

            3. The Party requesting the hearing shall have the burden of establishing the facts and the entitlement to relief requested.

            4. The Respondent(s) shall cooperate by making available any information and releasing any documentation requested by the Complainant or Grievant after the Local Area Hearing Officer deems it appropriate and relevant to the Complaint or Grievance.

            5. The Respondent(s) shall also make available any person under their control or employ to testify, if these persons are requested to testify by the Complainant or Grievant and the Local Area Hearing Officer deems the testimony to be elicited from such persons appropriate and relevant to the Complaint or Grievance.

            6. Hearings will only cover those issues listed in the written Complaint or Grievance.  If a Complainant or Grievant files more than one (1) Complaint or Grievance against the same Respondent(s) at or near the same time, the Local Area Hearing Officer may combine the issues from the Complaints or Grievances into a single hearing for purposes of administrative efficiency and after providing notice to the Parties. 

         2. Complete records shall be kept of the hearing via audio recording, a court reporter, or by other means of recording as needed.

         3. The Local Area Hearing Officer or designee will make a written decision and it shall be sent to the Parties, if possible, by certified mail, with return receipt requested within sixty (60) days of the filing of the Complaint or Grievance. If sending a decision via certified mail is not reasonable or possible, the decision may be sent by email or regular U.S. Mail.

         4. The Local Area Hearing Officer’s decision shall contain the following:

            1. The names of the Parties involved;

            2. A statement of the allegations;

            3. A statement of the facts presented during the hearing;

            4. The issue(s) being decided;

            5. The decision and the reasons for the decision;

            6. A statement of corrective actions or remedies, if appropriate;

            7. A statement assuring that all steps included in these Complaint and Grievance Procedures have been adhered to; and

            8. Notice that either Party has the right to appeal to the State the decision by the Local Area Hearing Officer within ten (10) days of receipt of the decision.

         5. A copy of all decisions will be concurrently sent to the Office of Employment and Training (OET) staff listed on the Contacts tab.

      3. Remedies that may be imposed for violations of any requirement of WIOA Title I, its regulations and policies shall be limited to:

         1. Suspension or termination of payments under WIOA Title I;

         2. Prohibition of placement of a participant with an employer that has violated any requirement under WIOA Title I;

         3. Where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of relevant terms, conditions, and privileges of employment; and

         4. Where appropriate, other equitable relief.