New York State Workforce Development System New York State
Technical Advisory
 
October 16, 2000
Workforce Development System Technical Advisory 00-40
 
TO: Chairpersons of Local Workforce Investment Boards
Chief Elected Officials
WIA Grant Recipients
WIA Fiscal Agents
WIA Local Area Contacts
SUBJECT: Procedure for Processing Non-Criminal Complaints and Grievances at the Local Workforce Investment Area (Local Area) Level
Purpose: To ensure the establishment of required complaint procedures at the Local Area level; and, to provide Local Areas affected by the Workforce Investment System, including One-Stop partners and services providers with sample procedures developed by the state for processing of non-criminal complaints and grievances.
Background: Section 667.600 requires each Local Area, State and direct recipient of funds under Title I of WIA, to establish and maintain a procedure for grievances and complaints from participants and other interested parties affected by the local Workforce Investment System, including One-Stop partners and service providers. Procedures for filing discrimination complaints will be provided in a separate Workforce Development System Technical Advisory. Federal requirements regarding the reporting of all criminal complaints and reports of fraud, abuse and other criminal activity will also be addressed in that separate Technical Advisory.
Action: Each Local Area, State and direct recipient must provide information about the content of the grievance procedures required to participants and other interested parties affected by the local Workforce Investment System including One-Stop partners and service providers. Local Areas, One-Stop partners and service providers are required to develop their own grievance mechanism. Procedures must include the handling of complaints and grievances arising in connection with WIA programs operated by each Local Area and subcontractor under the Act. Attached is a list of WIA Required Elements for a Grievance Procedure. (Attachment A). The attached sample procedure reflects what a typical grievance procedure might include (Attachment B); it is not provided as a mandatory model. Other attachments to this Technical Advisory are provided as technical assistance to Local Areas in the development of their procedures. Local Areas and other direct recipients must assure that other employers, including private-for-profit employers of participants under the Act, also have a grievance procedure relating to the terms and conditions of employment available to their participants.
Attachments: A) WIA Required Elements for a Grievance Procedure
B) Model WIA Complaint Resolution Procedure
C) Decision
D) Complaint Resolution Time Frame
E) Model Complaint Log
F) Complaint
G) Hearing Notice Contents and Hearing Guidelines