Page:United States Statutes at Large Volume 107 Part 1.djvu/889

 PUBLIC LAW 103-82—SEPT. 21, 1993 107 STAT. 863 SEC. 116. NOTICE, HEARING, AND GRIEVANCE PROCEDURES. (a) DECERTIFICATION OF POSITIONS.—Section 176(a) of the National and Community Service Act of 1990 (42 U.S.C. 12636(a)) is amended— (1) in paragraph (1), by inserting ", or revoke the designation of positions, related to the grant or contract, as approved national service positions," before "whenever the Commission"; and (2) in paragraph (2)(B), by inserting "or revoked" after "terminated". (b) CONSTRUCTION. —Section 176(e) of such Act (42 U.S.C. 12636(e)) is amended by adding before the period the following ", other than assistance provided pursuant to this Act". (c) GRIEVANCE PROCEDURE. — Section 176(f) of such Act is amended to read as follows: " (f) GRIEVANCE PROCEDURE.— "(1) IN GENERAL.—^A State or local applicant that receives assistance under this title 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 title, 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 OflEicer 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 aft«r 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.

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