Agmt16 Bay Area Community Resources - Public Allies - Americorps

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DocuSign Envelope ID: OD24E772-6D02-41F3-A49C-AE7B32A4F36F If the matter is resolved, the terms of the resolution must be recorded in a written agreement, and the Party must forgo filing any further grievance on the matter under consideration. Any decisions made by/with the neutral party is informal and non-binding unless both parties agree. The proceedings must be informal and rules of evidence will not apply. With the exception of a written and agreed-upon ADR, the proceeding is confidential. If the grievance is not resolved within 3o days of initiation, the neutral party must inform the aggrieved party of his/her right to file a formal grievance. iii. Formal Grievance Proceeding If the party is filing a grievance after participating in ADR, the neutral party may not participate in the formal grievance process. In addition, no communications or proceedings ofthe ADR may be referred to or introduced into evidence at the grievance and arbitration proceeding. An aggrieved party may file a grievance hearing if (1) ADR fails to facilitate a mutually agreeable resolution, or (2) he/she chooses to proceed directly to the hearing without participating in ADR. Except for a grievance that alleges fraud or criminal activity, a request for grievance must be made within one year after the date of the alleged occurrence. A grievance hearing must be held no later than 3o days after the filing of such grievance, and a written decision must be made no later than 60 days after filing. iv. BindingArbitmtion The aggrieved party may request binding arbitration if a grievance hearing decision is adverse or if no decision has been reached after 6o days of the filing of the grievance. The arbitrator must be jointly selected and must be independent of the interested parties. If the parties cannot agree on an arbitrator, CNCS will appoint one within 15 days of receiving a request from one of the parties. An arbitration proceeding must be held no later than 45 days after the request for arbitration, or no later than 3o days after the appointment of an arbitrator by CNCS. An arbitration decision must be made no later than 3o days after the commencement of the arbitration proceeding. The cost of arbitration must be divided evenly between the parties unless the aggrieved party prevails, in which case the program will pay the total cost of the proceeding as well as attorney's fees of the prevailing party. If the grievance is regarding a proposed participant placement, the placement must not be made unless it is consistent with the resolution of the grievance. V. Remedies The remedies for a grievance filed under the above procedures may include: a. Prohibition of a placement of a participant; b. Suspension or termination of payments under the AmeriCorps grant allowing placement of the Ally; and c. In cases where there is a violation of non -duplication or non-displacement requirements and the employer of the displaced employee is a Public Allies Site or Partner Organization • Reinstatement of the employee to the position he or she held prior to the displacement; • Payment of lost wages and benefits; • Re-establishment of other relevant terms, conditions and privileges of employment; and • Any other equitable relief that is necessary to correct any violation of the non - duplication or non-displacement requirement is or to make the displaced employee whole; vi. Enforcement Suits to enforce arbitration awards under this section may be brought in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy and without regard to the citizenship of the parties. Public Allies Poli -Pros for PO Supervisors, 2016-17 Page 21 of 24 REV: 11-08-16 IS ATTY/AGR.2016.314/Bay Area Community Resources - Public Allies Silicon Valley/San Francisco