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The aggrieved party may request binding arbitration if a grievance hearing decision is adverse or if no decision <br />has been reached after 60 days of the filing of the grievance. The arbitrator must be jointly selected <br />and must be independent ofthe interested parties. If the parties cannot agree on an arbitrator, <br />CNCS will appoint one within 25 days of receiving a request from one of the parties. An arbitration <br />proceeding must be held no later than 45 days after the request for arbitration, or no later than 30 <br />days after the appointment of an arbitrator by CNCS. An arbitration decision must be made no <br />later than 30 days after the commencement of the arbitration proceeding. The cost of arbitration <br />must be divided evenly between the parties unless the aggrieved party prevails, in which case the <br />program will pay the total cost of the proceeding as well as attorney's fees of the prevailing party. <br />If the grievance is regarding a proposed participant placement, the placement must not be made unless it is <br />consistent with the resolution of the grievance. <br />V. Remedies <br />The remedies for a grievance filed under the above procedures may include: <br />a. Prohibition of a placement of a participant; <br />b. Suspension or termination of payments under the AmeriCorps grant allowing placement of <br />the Ally; and <br />c. In cases where there is a violation of non -duplication or non-displacement requirements <br />and the employer of the displaced employee is a Public Allies Site or Partner Organization <br />Reinstatement ofthe employee to the position he or she held prior to the <br />displacement; <br />Payment of lost wages and benefits; <br />Re-establishment of other mlevant terms, conditions and privileges of <br />employment; and <br />Any other equitable relief that is necessary to correct any violation of the <br />non -duplication or non-displacement requirements or to make the displaced <br />employee whole; <br />vi. Enforcement <br />Suits to enforce arbitration awards under this section may be brought in any district court of the United <br />States having jurisdiction of the parties, without regard to the amount in controversy and without <br />regard to the citizenship ofthe parties. <br />Public Allies Policies and Procedures for PO Supervisors, 2or8-ig <br />Page 20 of 23 <br />REV: 08-17-18 DZ <br />ATTY/AGR2018.196/Bay Area Community Resources Public Allies FY 2018-19 <br />