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City of Dubuque AmeriCorps Program Grievance Form

  1. Grievance Policy

    Members, staff, subgrantees, labor organizations, and other interested parties who wish to challenge the City of Dubuque’s decisions related to its AmeriCorps Program shall follow the grievance procedures set forth below. Nothing herein shall prohibit the grievant from filing a grievance with other state or federal agencies.  Any grievant that files a grievance pursuant to this AmeriCorps Program grievance procedure may not also use City of Dubuque’s Public and Client Complaint procedure to address substantially the same circumstances. 

    A. Definition: A grievance is defined as a complaint, dispute, or controversy concerning the interpretation, operation, or application of the National Community Service Act, as amended (hereinafter, “the Act”), its implementing regulations, the grievant’s contract, other agreements under the Act, personnel practices or Employer rules or regulations the aggrieved party believes have been violated.

    B. Initiation of Grievance

    1. The person wishing to file a grievance must submit a formal grievance complaint using the online form, where a copy is automatically sent to the AmeriCorps Director, AmeriCorps Coordinator, and Leisure Services Manager. Grievances should include, to the best extent possible, the following information:
      1. The full name, telephone number, and address of the person making the complaint;
      2. The full name and address of the party against whom the grievance is made, or other information sufficient to identify the party against whom the grievance is made;
      3. A clear and concise statement of the facts, as alleged, including pertinent dates, constituting the alleged violation or the decision that is being challenged.
      4. The provision of the act, regulations, grant, contract, or other agreements under the act believed to have been violated; and
      5. The relief requested.
    2.  After receiving a grievance, the City of Dubuque AmeriCorps Program will use the following procedure:
      1. Except for grievances alleging fraud or criminal activity, grievances must be filed within one year of the date of the alleged occurrence. If a grievance alleges fraud or criminal activity, it must immediately be brought to the attention of the Corporation’s inspector general.
      2. The Leisure Services Manager or their designee, will conduct a hearing on the matter, no later than 30 calendar days after the filing of the grievance.
      3. The written decision of the Leisure Services Manager, or their designee, on any filed grievance, must be mailed to the last known address of the grievant, his/her/their Managing Attorney if there is a Managing Attorney involved, and the AmeriCorps Director, not later than 60 days after filing of the formal grievance.

    C. Arbitration: If there is an adverse decision against the grievant, or no decision has been reached within 60 days of filing a grievance, the grievant may submit the grievance to binding arbitration before a qualified arbitrator who is jointly selected and who is independent of the interested parties. The grievant must submit his/her/their written request for arbitration to the Leisure Services Manager.

    1. If the parties cannot agree on an arbitrator within 15 days after the Leisure Services Manager receives a request from one of the parties, the Corporation for National and Community Service (CNCS) will appoint an arbitrator from a list of qualified arbitrators. 
    2. An arbitration proceeding must be held no later than 45 days after the request for arbitration. If the arbitrator is appointed by the CNCS, the proceeding must occur no later than 30 days after the arbitrator’s appointment.
    3. A decision must be made by the arbitrator no later than 30 days after the date the arbitration proceedings begin.
    4. The decision of the arbitrator is final.

    The cost of the arbitration must be divided evenly by the parties, except that if the member prevails, the City of Dubuque will pay the total costs of the proceeding and the Member’s reasonable attorney’s fees related to the proceeding. 

    D. Suspension of Placement: If a grievance is filed regarding a proposed placement of a member in a program or project, such a placement must not be made unless the placement is consistent with the resolution of the grievance.

    E. Suspension of Service: If a grievance is filed due to release for cause, the member’s service is suspended, and will be reinstated only as is consistent with the resolution of the grievance. 

    F. Remedies: Remedies for a grievance filed under this procedure may include:

    1. Prohibition of the placement of a member in a particular site/position; 
    2. An applicant’s selection, or a member’s reinstatement, as appropriate, or changes in the terms and/or conditions of a member’s service, as applicable. 
    3. In grievance cases where there is a violation of non-duplication or non-displacement requirements, and the employer of the displaced employee is City of Dubuque:
      1. Reinstatement of the employee to the position s/he/they held prior to the displacement;
      2. Payment of lost wages and benefits;
      3. Re-establishment of other relevant terms, conditions, and privileges of employment; and
      4. Any other equitable relief that is necessary to correct any violation of the non-duplication or non-displacement requirements or to make the displaced employee whole.

    G. Notice: This grievance procedure is reviewed at AmeriCorps Member Orientation and is available virtually or, if requested, by hard copy, to each City of Dubuque AmeriCorps Program member. By signing the Member Service Agreement, the member agrees that this policy has been reviewed.

  2. Grievance Form

    In accordance with 42 U.S.C. 12636 and 45 C.F.R. 2540.230, state and local applicants that receive assistance from the Corporation for National and Community Service (CNCS) must establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations, and other interested individuals concerning programs that receive assistance from the Corporation. 

    In general, aggrieved parties are encouraged to document their specific concerns and requested remedies in writing whenever seeking relief in a matter of concern or dissatisfaction relating to any AmeriCorps program issues, such as assignments, evaluations, suspension, or release of cause.

    This form is automatically sent to the AmeriCorps Program Director, the AmeriCorps Coordinator, and the Leisure Services Manager.

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