
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12636]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
                  Division F--Administrative Provisions
 
Sec. 12636. Notice, hearing, and grievance procedures


(a) In general

                     (1) Suspension of payments

        The Corporation may in accordance with the provisions of this 
    subchapter, suspend or terminate payments under a contract or grant 
    providing assistance under this subchapter, or revoke the 
    designation of positions, related to the grant or contract, as 
    approved national service positions, whenever the Corporation 
    determines there is a material failure to comply with this 
    subchapter or the applicable terms and conditions of any such grant 
    or contract issued pursuant to this subchapter.

                 (2) Procedures to ensure assistance

        The Corporation shall prescribe procedures to ensure that--
            (A) assistance provided under this subchapter shall not be 
        suspended for failure to comply with the applicable terms and 
        conditions of this subchapter except, in emergency situations, a 
        suspension may be granted for 30 days; and
            (B) assistance provided under this subchapter shall not be 
        terminated or revoked for failure to comply with applicable 
        terms and conditions of this subchapter unless the recipient of 
        such assistance has been afforded reasonable notice and 
        opportunity for a full and fair hearing.

(b) Hearings

    Hearings or other meetings that may be necessary to fulfill the 
requirements of this section shall be held at locations convenient to 
the recipient of assistance under this subchapter.

(c) Transcript or recording

    A transcript or recording shall be made of a hearing conducted under 
this section and shall be available for inspection by any individual.

(d) State legislation

    Nothing in this subchapter shall be construed to preclude the 
enactment of State legislation providing for the implementation, 
consistent with this subchapter, of the programs administered under this 
subchapter.

(e) Construction

    Nothing in this subchapter shall be construed to link performance of 
service with receipt of Federal student financial assistance, other than 
assistance provided pursuant to this chapter.

(f) Grievance procedure

                           (1) In general

        A State or local applicant that receives assistance under this 
    subchapter shall establish and maintain a procedure for the filing 
    and adjudication of grievances from participants, labor 
    organizations, and other interested individuals concerning projects 
    that receive assistance under this subchapter, including grievances 
    regarding proposed placements of such participants in such projects.

                     (2) Deadline for grievances

        Except for a grievance that alleges fraud or criminal activity, 
    a grievance shall be made not later than 1 year after the date of 
    the alleged occurrence of the event that is the subject of the 
    grievance.

                (3) Deadline for hearing and decision

        (A) Hearing

            A hearing on any grievance conducted under this subsection 
        shall be conducted not later than 30 days after the filing of 
        such grievance.

        (B) Decision

            A decision on any such grievance shall be made not later 
        than 60 days after the filing of such grievance.

                           (4) Arbitration

        (A) In general

            (i) Jointly selected arbitrator

                In the event of a decision on a grievance that is 
            adverse to the party who filed such grievance, or 60 days 
            after the filing of such grievance if no decision has been 
            reached, such party shall be permitted to submit such 
            grievance to binding arbitration before a qualified 
            arbitrator who is jointly selected and independent of the 
            interested parties.
            (ii) Appointed arbitrator

                If the parties cannot agree on an arbitrator, the Chief 
            Executive Officer shall appoint an arbitrator from a list of 
            qualified arbitrators within 15 days after receiving a 
            request for such appointment from one of the parties to the 
            grievance.

        (B) Deadline for proceeding

            An arbitration proceeding shall be held not later than 45 
        days after the request for such arbitration proceeding, or, if 
        the arbitrator is appointed by the Chief Executive Officer in 
        accordance with subparagraph (A)(ii), not later than 30 days 
        after the appointment of such arbitrator.

        (C) Deadline for decision

            A decision concerning a grievance shall be made not later 
        than 30 days after the date such arbitration proceeding begins.

        (D) Cost

            (i) In general

                Except as provided in clause (ii), the cost of an 
            arbitration proceeding shall be divided evenly between the 
            parties to the arbitration.
            (ii) Exception

                If a participant, labor organization, or other 
            interested individual described in paragraph (1) prevails 
            under a binding arbitration proceeding, the State or local 
            applicant described in paragraph (1) that is a party to such 
            grievance shall pay the total cost of such proceeding and 
            the attorneys' fees of such participant, labor organization, 
            or individual, as the case may be.

                       (5) Proposed placement

        If a grievance is filed regarding a proposed placement of a 
    participant in a project that receives assistance under this 
    subchapter, such placement shall not be made unless the placement is 
    consistent with the resolution of the grievance pursuant to this 
    subsection.

                            (6) Remedies

        Remedies for a grievance filed under this subsection include--
            (A) suspension of payments for assistance under this 
        subchapter;
            (B) termination of such payments;
            (C) prohibition of the placement described in paragraph (5); 
        and
            (D) in a case in which the grievance involves a violation of 
        subsection (a) or (b) of section 12637 of this title and the 
        employer of the displaced employee is the recipient of 
        assistance under this subchapter--
                (i) reinstatement of the displaced employee to the 
            position held by such employee prior to displacement;
                (ii) payment of lost wages and benefits of the displaced 
            employee;
                (iii) reestablishment of other relevant terms, 
            conditions, and privileges of employment of the displaced 
            employee; and
                (iv) such equitable relief as is necessary to correct 
            any violation of subsection (a) or (b) of section 12637 of 
            this title or to make the displaced employee whole.

                           (7) Enforcement

        Suits to enforce arbitration awards under this section may be 
    brought in any district court of the United States having 
    jurisdiction of the parties, without regard to the amount in 
    controversy and without regard to the citizenship of the parties.

(Pub. L. 101-610, title I, Sec. 176, Nov. 16, 1990, 104 Stat. 3161; Pub. 
L. 103-82, title I, Sec. 116, title IV, Sec. 402(b)(1), Sept. 21, 1993, 
107 Stat. 863, 918.)


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-82, Sec. 402(b)(1), substituted 
``Corporation'' for ``Commission'' in two places.
    Pub. L. 103-82, Sec. 116(a)(1), inserted ``, or revoke the 
designation of positions, related to the grant or contract, as approved 
national service positions,'' after ``assistance under this 
subchapter''.
    Subsec. (a)(2). Pub. L. 103-82, Sec. 402(b)(1), substituted 
``Corporation'' for ``Commission'' in introductory provisions.
    Subsec. (a)(2)(B). Pub. L. 103-82, Sec. 116(a)(2), inserted ``or 
revoked'' after ``terminated''.
    Subsec. (e). Pub. L. 103-82, Sec. 116(b), inserted before period at 
end ``, other than assistance provided pursuant to this chapter''.
    Subsec. (f). Pub. L. 103-82, Sec. 116(c), amended subsec. (f) 
generally, substituting pars. (1) to (6) for former pars. (1) to (6) 
relating to same subjects and adding par. (7).


                    Effective Date of 1993 Amendment

    Amendment by section 116 of Pub. L. 103-82 effective Oct. 1, 1993, 
see section 123 of Pub. L. 103-82, set out as a note under section 1701 
of Title 16, Conservation.
    Amendment by section 402(b)(1) of Pub. L. 103-82 effective Oct. 1, 
1993, see section 406(a) of Pub. L. 103-82, set out as a note under 
section 5061 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12525, 12526, 12544, 12561, 
12583, 12651d, 12653c of this title.
