[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1211.1-10]



[Page 39-40]

 

                        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)



[[Page 40]]



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.