HomeMy WebLinkAboutResolutions - 1978.03.02 - 12807PUBLIC SERVICES ODMMITTEE
Henry T. soot, Chairman
Miscellaneous Resolution No, 8369 March 2, 1978
BY: PUBLIC SERVICES COMMITTEE - Henry W. Hoot, Chairman
IN RE: CETA GRIEVANCE PROCEDURE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners by Miscellaneous
Resolution #6546 applied for and was granted the designation as Prime Sponsor
by the U. S. Department of Labor to administer the provisions of the Comprehensive
Employment and Training Act of 1973; and
WHEREAS, the CETA Regulations require the Prime Sponsor to develop a
Grievance Procedure for applicants and enrollees of all CETA funded programs; and
WHEREAS, the attached Grievance Procedure in its present form has not
required a meeting of the Appeals Board in the first three years in the
operation of CETA, and
WHEREAS, the current policy interpretation of CETA regulations by the
5th Region of the Department of Labor indicates a revision in the Grievance
Procedure which would include greater responsibilities for the Appeals Board,
formally assumed by the Department of Labor, and
WHEREAS, this revision would necessitate frequent Appeals Board meetings
and additional legal counselat the expense of Oakland County
NOW, THEREFORE BE IT RESOLVED, that the attached Grievance Procedure
be approved without the revisions requested by the Department of Labor, in
order to avoid addtional expenses of legal counsel and operation of frequent
Appeals Board Meetings.
Gt.ievance
comp15.
r9
57T.Y...n5or
1;:d to
'oblem o:
or an7t u;
and subscribes to an orderly method of resolving
%plicantlparticipant should first bring
wi attention of his/her invediate supervisor
i' all attempt to resolve the complaint
la. If the applic
grievance int
that empla.
is unable to resolve his/her complaint or
Pa should follow the local grievance procedure for
z..gency. secti on 2 below.)
lb. ri the knmpin,;it:.ainig.
:::ant/prticipant
on of pr_zme
s not have a local grievance procedure,
ng his/her complaint to the
County, as described in section ;-? below.
0.7.::*LAND COUNTY
COMPREHEr= 2':E(07"TrNT L..fltNAINIfJ ACT
2 97 7)
Tnt.toduction
The governmew: of Oakj..•nJ 7ounty has been designated as the prime sponsor and thus is
resPonsib:k f*r the nroqx14 :nnded under the Comprehensive Employment and Training Act
of 1973, as amend.ad,in :.,_:coriznce with section 98 subpart C of the CETA rules and
regulations, e7 11; the Federal Register June 25, 1976, Oakland County has
adopted the following J7I-ocuxe for considering complaints and grievances submitted
by CFTA applicants or pai.;`icipants.
General Instructions
Each applicant will be given a copy of the grievance procedure to keep for reference.
He/she will alco be asked to sign a C,L•,; of the procedure to acknowledge receipt of
this signed c:ocumenr will be retained by the employing/training
he signed “ie•'iance procedure will be retained by Oakland County
2. In ,t.n L:;nt j.s an applicant for or an enrollee of
r;)re7:,:c :Hcal unit of government (city, village,
tete agency)) private nonprofit agency; or a
(on 5ti operates with a formal grievance
1 (1) the civi service system (2) merit system
-,:ootractual 7fievance procedures, the
exhaust the administrative remedies of the
Fwrty is satisfied with the decision,
t or ç:ri..-1-nce to the Depart;acnt of Labor
the document
agency. A
as prime spo.,
a
privot,F,
pro
(3)
,r.:r.t'u most adhen: t": sr:d
agencv invelved. If the ogg.v.;,ave.•
he/shesoy S=ward his/her ecnvlAr.
as described in section 5,
3. If the r:cmplaint irs.. grievance' is
local g
attentio:,
action tho
who will assist the cf;:ftplrlt is
.:,J,=-3d informally and there is no
I: may bring his/her grievance to the
Jounty, within 30 calendar days, of the
7,iewce_ The prime sponsor staff member
Ralph Florio
Oakland County Manpower Division
2370 Pontiac Lake Road
Pontiac, Michigan 48054
858-1072
3a. This asstance wil include reviewing the grievance with the complainant,
infrrnSrg ;)e of his/her rights, describing the steps in the CET);
appealF '0551 arc giving the ocdainant a copy of the appeals procedures
The primu arn104 complar wi21 assist the complainant in stating
his/her .:p-Rvnce e wPiting when comploinant requests such assistance.
3b. If the grievance involves squa7. eTPlegment opportunity, the Equal
Employment Opportunity officer be present during the discussion
and assist the complainant. The rquaI Employment Opportunity officer
for Oakland County as prime sponsor
Thomasina Tucker
Oakland County Manpower Division
2370 Pontiac Lake Road
Pontiac, Michigan 48054 858-J073
3c. Every attempt will he made to resolve, within 30 calendar days, the
grievance informally at the prime sponsor level) to ascertain the pertinent
facts in the grievance from the applicant/participant and the employina/
training agency, and to safeguard the .applicant's/participent's
gpen conc:usion of the prime sponsor's review of the grievance with the
complainant, .sne prime sponsor w. U1 send a letter of response to the
-ithr) 18 calendar days. M1.5 letter Wil state the conclusions
drawn from :f.;e review and the action to be taken, as well AS notification of
the next step in the crrA appeals process.
Rd grIT ITE#Fit /FA iliFifiFif —77gre-
page 2
4. If the grievance .1s not resolved informally following the prime sponsor review
(section 3), the complsinant may request a hearing before the CETA Appeals
Board within ten calendar days of receipt of the letter of response from the
prime sponsor. Unto regest, the complainant will be provided prime sponsor
staff assistance :in requesting an Appeals Board hearing,
4e. The presiding officer for this hearing will be an impartial adjudicator,
and there will be a full opportunity for the complainant to be heard and to
hear and refute the testimony and evidence presented. There shall be a
written record of the appeals hearing, and the respondent. and complainant
will be notified in writing of the decision made and the basis for the
decision within ten calendar days of the conclusion of the hearing of the
CETA Appeals Board.
5. Any applicant/participant in a program funded under the Comprehensive Employment
and Training Act Of 1971, as amended, has the right to have their grievance or
complaint i:ms tl :.red by the Department of Labor when the following two
conlitiom.T
(1) A CET-A ..9:.lica;lt/participant must exhaust or complete all adminis-
strative tr ,r.f:dres established by the local employing/training
agency as contained in this notice prior to requesting an investi-
gation by the Department of Labor. At the conclusion of these local
procedures the employing/training agency will send written notifi-
cations to the applicant/participant of his/her right to an
investigation by the Department of Labor.
(ii) Any compJajnt or grievance submitted to the Department of Labor
must be initiated within 30 calendar days of receipt of the
decision at either the conclusion of the local grievance procedure
for the employing/training agency or at the conclusion of the
Oakland County CETA App.vls Board hearing if there is no local
grievance procedure.
Sc. Complaints or grievances meting the above conditions may be forwarded to the
Department of Labor and are to be addressed to the Assistant Regional Administrator
for the State of Michigan: Marion C. Smith
U.S. Department of Labor
Region V Employment and Training
230 South Dearborn Street
Chicago, Illinois 60604
5b. If the complainant is not satisfied with the decision of the Assistant
Regional Administrator, he/She may file his/her complaint in United States
District Court, If a grievance is settled to the agreement of both parties
involved at a previous level, it is considered resolved.
6. Any grievance not appealed within the• time limit specified in any step of
the grievance procedure may be considered withdrawn or resolved on the
basis of the last decision except as.provided in the last step involving
filing the complaint in United State. District Court.
this is to acknowledge that the grievance procedure for CETA applicants and participants
as been explained to me on this date, and I fully understand what T have to do to file
3 grievance if this becomes necessary.
be. •er • •V••••. ..... Deputy Clerk
#8369 March 2, 1978
Moved by Hoot supported by Perinoff the resolution be adopted.
Moved by Doyon supported by Fortino the resolution be amended in the last three
WHEREAS paragraphs by deleting the words "Appeals Board" and inserting the words
"CETA Appeals Board".
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Price, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler,
Gorsline, Hoot, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, Murphy, Olson,
Page, Patterson, Perinoff, Pernick, Peterson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended, was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #8369 adopted by the Oakland County Board of
Commissioners at their meeting held on March 2, 1978
OOP 0680, InireadeId." V•SOPI.P1,-•G.“-00fri•PC•000•POVV.06 000000 0 00 000000
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
March thi s.......... 2nd ...........day of....... .........
Lynn D. Allen .Clerk