Common use of Filing a Formal Grievance Clause in Contracts

Filing a Formal Grievance. The person wishing to file a formal complaint or grievance regarding the program must submit a grievance complaint form (see the AmeriCorps Grievance Form) and use the procedure explained below. Except for complaints alleging fraud or other criminal activity, complaints must be filed in writing and to the grantee within one year of the date of the alleged occurrence. The grantee will conduct a hearing no later than 30 days after the filing of a formal grievance. A decision on any such filed grievance will be made no later than 60 days after the filing. However, extensions may be granted for good faith. Complaints should include, to the best extent possible, the following information: The full name, telephone number, and address of the person making the complaint; The full name and address of the party against whom the complaint is made, or other information sufficient to identify the party against whom the complaint is made; A clear and concise statement of the facts, as alleged, including pertinent dates, constituting the alleged violations; The provision of the act, regulations, grant, contract or other agreements under the act believed to have been violated; and The relief requested. If ADR was used, that facilitator may not participate in the formal hearing. No communication or proceeding from ADR may be referred to or used as evidence. The independent arbitrator must be jointly selected. The hearing proceedings must be held within 45 days after the request for arbitration. A decision must be made no later than 30 days after the beginning of the proceeding. If the party filing the grievance prevails, the program must pay the costs incurred through the process. If the program prevails, the program and the aggrieved will evenly split the costs incurred through the process. Filing an Appeal If there is an adverse decision against the party who filed the grievance or no decision has been reached after 60 days of filing a grievance, the complainant may submit the grievance in binding arbitration before a qualified arbitrator who is jointly selected and who is independent of the interested parties. If the parties cannot agree on an arbitrator within 15 days after receiving a request from one of the parties, the grantor will appoint an arbitrator. An arbitration proceeding must be held no later than 45 days after the request for arbitration. If the arbitrator is appointed by the grantor, the proceeding must occur no later than 30 days after the arbitrator’s appointment. A decision must be made by the arbitrator no later than 30 days after the date the arbitration proceedings began. The decision of the arbitrator is final. The cost of the arbitration proceedings must be divided equally between the parties to the arbitration, unless the party requesting the grievance proceeding prevails. If the aggrieved prevails, the grantee must pay the total cost of the proceedings and reasonable attorney fees of the prevailing party incurred in connection with the proceeding. To enforce the arbitration award, a suit may be brought in any federal district court having jurisdiction over the parties without regard to the amount in controversy.

Filing a Formal Grievance. The person wishing to file a formal complaint or grievance regarding the program must submit a grievance complaint form (see the AmeriCorps Grievance Form) and use the procedure explained below. Except for complaints alleging fraud or other criminal activity, complaints must be filed in writing and to the grantee within one year of the date of the alleged occurrence. The grantee will conduct a hearing no later than 30 days after the filing of a formal grievance. A decision on any such filed grievance will be made no later than 60 days after the filing. However, extensions may be granted for good faith. Complaints must be in writing and filed with the grantee. Complaints should include, to the best extent possible, the following information: The full name, telephone number, and address of the person making the complaint; The full name and address of the party against whom the complaint is made, or other information sufficient to identify the party against whom the complaint is made; A clear and concise statement of the facts, as alleged, including pertinent dates, constituting the alleged violations; The provision of the act, regulations, grant, contract or other agreements under the act believed to have been violated; and The relief requested. If ADR was used, that facilitator may not participate in the formal hearing. No communication or proceeding from ADR may be referred to or used as evidence. The independent arbitrator must be jointly selectedselected and independent. The hearing proceedings must be held within 45 days after the request for arbitration. A decision must be made no later than 30 days after the beginning of the proceeding. If the party filing the grievance prevails, the program must pay the costs incurred through the process. If the program prevails, the program and the aggrieved will evenly split the costs incurred through the process. Filing an Appeal If there is an adverse decision against the party who filed the grievance grievance, or no decision has been reached after 60 days of filing a grievance, the complainant may submit the grievance in binding arbitration before a qualified arbitrator who is jointly selected and who is independent of the interested parties. If the parties cannot agree on an arbitrator within 15 days after receiving a request from one of the parties, the grantor will appoint an arbitrator. An arbitration proceeding must be held no later than 45 days after the request for arbitration. If the arbitrator is appointed by the grantor, the proceeding must occur no later than 30 days after the arbitrator’s appointment. A decision must be made by the arbitrator no later than 30 days after the date the arbitration proceedings began. The decision of the arbitrator is final. The cost of the arbitration proceedings must be divided equally between the parties to the arbitration, unless the party requesting the grievance proceeding prevails. If the aggrieved aggreived prevails, the grantee must pay the total cost of the proceedings and reasonable attorney attorney’s fees of the prevailing party incurred in connection with the proceeding. To enforce the arbitration award, a suit may be brought in any federal district court having jurisdiction over the parties without regard to the amount in controversy.