[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1211.1-10]

[Page 40]
 
                        TITLE 45--PUBLIC WELFARE
 
       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
 
PART 1211--VOLUNTEER GRIEVANCE PROCEDURES--Table of Contents
 
Sec. 1211.1-10  Informal grievance procedure.

    (a) Initiation of grievance. A volunteer may initiate a grievance 
within 15 calendar days after the event giving rise to the grievance 
occurs, or within 15 calendar days after becoming aware of the event. A 
grievance arising out of a continuing condition or practice that 
individually affects the volunteer may be brought at any time. A 
volunteer initiates a grievance by presenting it in writing to the chief 
executive officer of the sponsor, or the representative designated to 
receive grievances from volunteers. The designated representative may 
not be the immediate supervisor of volunteers assigned to the sponsor. 
The chief executive officer of the sponsor or the designated 
representative shall respond in writing to the grievance within five (5) 
working days after receipt. The chief executive officer or designee may 
not refuse to respond to a complaint on the basis that it is not a 
grievance as defined in Sec. 1211.1-3(b), or that it is excluded from 
coverage under Sec. 1211.1-5, but may, in the written response, refuse 
to grant the relief requested on either of these grounds.
    If the grievance involves a matter over which the sponsor has no 
control, or if the chief executive officer is the immediate supervisor 
of the volunteer, the procedures described in this section may be 
omitted, and the volunteer may present the grievance in writing directly 
to the State Director or designee as described in paragraph (b) of this 
section within the time limits specified in this paragraph (a).
    (b) Consideration by ACTION State Director or designee. If the 
matter is not resolved to the volunteer's satisfaction by the sponsor's 
chief executive officer, the volunteer may submit the grievance in 
writing to the ACTION State Director or designee within five (5) working 
days after receipt of the decision of the sponsor's chief executive 
officer. The State Director or designee may not refuse to receive a 
complaint, even if he or she believes it does not constitute a 
grievance, and shall respond to it in writing within five (5) working 
days after receipt. The response may indicate that the matter is not 
grievable. If the State Director or designee fails to meet the time 
limit for response, the volunteer may initiate a formal grievance.
    (c) Discussion. All parties to the informal grievance procedure must 
be prepared to participate in full discussion of the grievance, and to 
permit the participation of others who may have knowledge of the 
circumstances of the grievance in the discussion. State Program Officers 
and other ACTION employees may participate in discussions and provide 
guidance with respect to ACTION policies and procedures, at the request 
of any party, even prior to submission of a grievance to them.
    (d) Sponsor grievance procedure. A sponsor may substitute its own 
grievance procedure for the procedure described in paragraph (a) of this 
section. Any such procedure must provide the volunteer with an 
opportunity to present a grievance at least as comprehensive as that 
contained in this section, must meet the time limits of this section, 
and must be provided in writing to all volunteers. In order to utilize 
its own grievance procedures, the sponsor must obtain approval of the 
procedure from the ACTION State Director and file a copy of this 
approved procedure with the State Office.