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UNIFIED WORKFORCE INVESTMENT SYSTEM COMPLAINT PROCESS

UNIFIED WORKFORCE INVESTMENT SYSTEM COMPLAINT PROCESS. Learning Objectives…. Explain the general requirements for complaint processing procedures. Inform complainants of their rights and the appropriate process in filing complaints. Distinguish between discrimination complaints and

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UNIFIED WORKFORCE INVESTMENT SYSTEM COMPLAINT PROCESS

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  1. UNIFIED WORKFORCE INVESTMENT SYSTEM COMPLAINT PROCESS

  2. Learning Objectives… Explain the general requirements for complaint processing procedures. Inform complainants of their rights and the appropriate process in filing complaints. Distinguish between discrimination complaints and program complaints. Define how the OSCCs comply with Complaint Processing Procedures

  3. Overview of the Complaint System The Unified Workforce Investment System Complaint process provides customers with a formal mechanism to file complaints about the services or treatment that they received through the Massachusetts One-Stop Career Center system or to make employment related complaints about the terms and conditions of employment offered at the workplace.

  4. Why do we have a Complaint System? 20 CFR Ch. V, § 658.400 - § 658.426 Title III (W-P) Activities 20 CFR, Ch. V, § 667.600 - § 667.640 Title I Activities WIA sec. 188 and 29 CFR 37 Discrimination Complaints

  5. GENERAL REQUIREMENTS

  6. Who Administers the Complaint System in Massachusetts? UNIFIED WORKFORCE INVESTMENT SYSTEM COMPLAINT PROCESS Director of Diversity State Monitor Advocate OSCC Director Director SICA

  7. NOT APPLICABLE TO THE UNIFIED COMPLAINT SYSTEM The following type of complaints can not be accepted for processing: UI, Welfare, Job Corps, etc. Federal Contractor job listing Complaints from OSCC staff Handle these complaints according to their respective complaint regulations / procedures or direct customer to the appropriate agency for resolution.

  8. CRIMINAL FRAUD AND ABUSE: • Complaints involving criminal fraud, waste, abuse or other criminal activity must be reported immediately to: DOL Office of Inspector General, Office of Investigations, Room S5514, 200 Constitution Avenue NW., Washington, D.C. 20210 • A copy simultaneously provided to DCS and the Employment and Training Administration.

  9. How do You Know When a Customer Has a Complaint • Indicators of potential complaints: 1 2 3 4 I wasn’t referred to a job opening that I believed I was qualified for, I didn’t get Paid correctly, It is not fair that my training request was not approved The job I had (or you sent me to) wasn’t safe,

  10. Filing a complaint In person By Letter On the field SWA / OSCC receives a written complaint signed by the complainant includes sufficient information for complaint officer to initiate the investigation. A complainant comes into an OSCC to file the complaint, or BSR / Outreach staff receives complaint from a worker or an employer.

  11. Processing Complaints When a customer files a complaint, the CO must explain how the complaint system works and the customer’s rights. If the complaint is received in writing, provides sufficient information and it is signed by the complainant or his / her representative, the complaint shall be treated as if it was a properly completed complainant. - Initiate Investigation - If the complainant does not provided sufficient information to start the investigation. the CO shall request additional information from the complainant. - Time frames - The Complaint Officer must send an acknowledgement to the complainant and shall offer to resolve the matter through the informal resolution process.

  12. Complaint Investigation • During the initial conversation with the complainant: • make every effort to obtain all necessary information to investigate the complaint • explain the need to maintain contact during the complaint investigation • offer to assist the complainant through the provision of appropriate W-P / WIA services; and • find out from the complainant what relief is sought.

  13. The Determination Letter 1. 2. 3. 4. Include conclusions (determination) regarding issues accepted based on findings, and Write in a manner that is clear, concise, and easy to understand; List issues accepted for review and list any findings; Include Right to Appeal information (with contact information).

  14. Processing OSCC-Related Complaint Determine jurisdiction / type of complaint and: • Attempt informal resolution. • If OSCC service related, work with OSCC management to address allegations. • If involves Discrimination, take complaint and forward to EO or State EO officer. • If involves more than one OSCC, elevate to state level • Complaints alleging criminal fraud, waste, abuse or other criminal activity under WIA must be reported immediately to the Department of Labor’s Office of Inspector General NOTE: Follow timeframes MSFW / Non-MSFW / Discrimination

  15. Processing a Non-OSCC-Related Complaint If complaint is from a non-MSFW: • Enter the complaint information in the Complaint Log. • Provide the appropriate enforcement agency contact information to the complainant. • Include a statement that the complainant needs to follow up with the enforcement agency and that your responsibility has ended. • Offer appropriate OSCC services. • No follow-up contact is required.

  16. Processing Non-OSCC-Related Complaints If complaint is from a MSFW: • Complainant fills out ETA 8429, CO assist if necessary • Enter the complaint information in the Complaint Log, • Provide complainant with a signed copy of the completed ETA 8429 form, • Offer appropriate OSCC services, • Send the ETA 8429 to the appropriate enforcement agency and send a copy to the State Monitor Advocate, • Conduct follow up as per requirements.

  17. Provides sufficient information and the letter is signed by the complainant Does not give sufficient information Is signed by an attorney representing the complainant Treats the letter as a formal complaint, notifies complainant of action taken and initiates informal resolution process or refers to appropriate agency for resolution. Requests additional information (follow time frames) If it provides sufficient information, it can be processed. If it lacks information request additional information ( follow time frames) Processing A Complaint By Letter If the complaint… The Director / Complaint Officer

  18. Local Resolution Unsuccessful • If you are not waiting for additional information from the complainant and the complaint is not resolved according to time frames(5 days MSFWs / 15 Days Non-MSFWs): • Issue a determination notice and grant appeal rights. • In your letter to the complainant, list the issues resolved and / or list any unresolved issues (if any), explain reasons / action taken and provide contact information for the appeal process. NOTE: This applies to non-discrimination complaints

  19. Complaints are considered resolved when Any of the following conditions are met:

  20. APPARENT VIOLATION “If a OSCC employee observes, has reason to believe, or is in receipt of information regarding a suspected violation of employment related laws or JS regulations by an employer, except as provided at Sec. 653.503 (field checks) or Sec. 658.400 of this chapter (complaints), the employee shall document the suspected violation and refer this information to the local office manager. Note: This section only applies to agriculture

  21. PROCESSING APPARENT VIOLATIONS Manager or designee responsibilities • Has the employer filed job order within the past 12 months? • Does it involve ES regulations or employment-related laws)? • Contact employer • Attempt to achieve informal resolution within 5 Working days and document. • If the attempt to resolve the matter fails, forward to appropriate enforcement agency for resolution.

  22. Discrimination Processing Guidelines • All Career Center customers are required to be notified of their • right to file a complaint under the Unified Workforce Investment • System Complaint Process. All Discrimination Complaints must be filed within 180 days of the alleged act (s) of discrimination. This complaint can be filed at either the local level or with the USDOL CRC in Washington, D.C. If a customer alerts a OSCC that he or she (or they) want to file a discrimination complaint, steps should be taken to connect the complainant with the local Complaint / Equal Opportunity Officer

  23. TYPES OF COMPLAINTS This is an individual alleging that they have been subjected to discrimination. This is a complaint filed by one or more individuals. This action is not only on behalf of themselves, but also on behalf of a group of similarly situated individuals. In order to file this complaint, the complainant must be part of the affected class. One or more individuals, alleging discrimination against another group or individual. have been subjected to discrimination, file this type of complaint. Class Action Complaint Individual Complaint Third Party Complaint

  24. Discrimination Complaint v. Program Complaint

  25. Who may file a complaint… Any person, their authorized representative or any specific class of individuals, who alleges that they have been or are being subjected to discrimination prohibited under WIA

  26. Complaint / EO Officer shall… • Personally meet with the complainant (s) in an area of the office that ensures confidentiality. • At this meeting, the Complaint / EO Officer should conduct a preliminary interview and gather the following information: • Complainant’s address and means for contacting him or her. • Basis of complaint. • Detailed description of allegation. • Date of last alleged event of discrimination. • Program area representative (s) against whom complaint is being filed (respondent). • Location of program area.

  27. During the initial conversation with the complainant: 1 2 3 4 Offer to assist the complainant through the provision of appropriate WIA services; and Make every effort to obtain all necessary information to investigate the complaint Explain the need to maintain contact during the complaint investigation Find out from the complainant what relief is sought.

  28. Time Frame for Filing a Complaint Filling After NFA If no NFA Within 180 days of the alleged discrimination SWA resolution Process must be completed within 90 days If the complainant is dissatisfied with the resolution, He / she may file a new complaint with CRC within 30 days the complainant may file a new complaint with CRCwithin 30 days of the expiration of the 90-day period

  29. TIMELINES FOR RESOLUTION All complaints must be filed within 180 days of the alleged discrimination unless CRC (not the State or LWIA) has extended the filing time for good cause. If dissatisfied with resolution or if ADR terms violated, files new complaint - CRC. C / EO investigates and / or uses ADR. Alleged violation takes place. 180 days Day 1 Within 90 Day 30 After 120 Day 90 • 1. C / EO documents ADR resolution, • If ADR fails or • if investigation is completed, • 2. Notice of Final Action is issued. CRC conducts investigation if complaint filed. Complaint is filed, C / EO offers ADR, if not used, starts investigation.

  30. Determining Jurisdiction • Respondent is a WIA Recipient / Grantee • Complaint has been filed within the 180-day time period, or the Director of CRC has granted an extension - waiver • The complaint issue is covered under Section 188 of WIA

  31. If no jurisdiction… • EO must send the complainant a Written Notice of Lack of Jurisdiction including: • The reason(s) for the determination • Notice that the complainant has a right to file a complaint with CRC within 30 days of receiving the Written Notice of Lack of Jurisdiction

  32. Initial Handling – WIA Complaints Compliant received at OSCC Review & Evaluate If jurisdiction, determine Discrimination / Program If information needed, received Determine Jurisdiction If no jurisdiction… Issue Notice If information needed, not received… Acknowledgment Letter Mailed out Offer mediation - ADR Case Closed Case Closed If ADR not accepted, proceed to investigate

  33. Steps to follow… Step 1 Step 2 Step 3 If customer wishes to file locally (must be written) Complaint / EO officer shall meet with the complainant & conduct a preliminary review (basis) of complaint to determine jurisdiction. OSCC provides information about the complaint system. Determine if customer wishes to file locally or directly with CRC (MCAD) Customer must file within 180 days of the alleged act of discrimination. If no jurisdiction is determine then notice is sent in writing informing customer they have 30 days to file with CRC

  34. Steps to follow… Step 4 Step 5 Step 6 If jurisdiction is determined an acknowledgement letter is sent informing customer of 15 days fact finding, offer of alternate dispute resolution (ADR) a Notice of Final action (NFA) to be issued within 90 days of the complaint If Complaint / EO officer fails to issue the NFA within 90 days the complainant has the right to file complaint with CRC. DOL issues determination within 120 days

  35. NOTICE OF FINAL ACTION - ELEMENTS Write in a manner that is clear, concise, and easily understandable: • Statement of jurisdiction; • Issues accepted; • Findings of fact • Legal standard (statute, laws, regulations, etc.); • Application of legal standard to facts; • Conclusions with regard to issues accepted for investigation; and • Notice of right to file a complaint with the U.S. Department of Labor’s Civil Rights Center.

  36. Due Process Guarantees • Agencies receiving and processing complaints are required to provide notice to all parties who have a legitimate interest in the complaint. • Decisions should be made strictly on the basis of evidence gathered. • Regulations require that an “impartial” decision-maker investigate and process complaints.

  37. Record Retention Requirements • Maintain all complaint records for a period of 3 years • in a safe and secured location (Confidentiality Policy). 2 Complaint Officers must maintain files for all complaints, including discrimination and any non-OSCC related complaints taken from MSFWs. 3. Complaint logs and all complaint files must be retained for three (3) years period from the date of resolution, and then destroyed.

  38. REQUIRED POSTERS

  39. Reporting Requirements Complaint Logs are due to the SMA quarterly (no later than the 15th day following the end of the quarter): E-mail complaints logs to: José V. Ocasio, State Monitor Advocate at: jocasio@detma.org

  40. There shall be a Complaint / EO officer or back-up available, in each local office, during regular office hours to take complaints or assist customer file complaints. Federal regulations specify the following: "The identity of the complainant (s) and any persons who furnish information relating to or assisting in, an investigation of a complaint shall be kept confidential to the maximum extent possible, consistent with applicable law and a fair determination of the complaint.“ Remember….

  41. Forms • The Policy Issuance and all forms associated to the complaint system can be accessed by going to the www.massworkforce.org website. Click on “Issuances”, and then click on “2011 Issuances” under the “Policy Issuances” heading. Look for WIA Communication 11-27 - Unified Workforce Investment System Complaint Process, Revision II • Form ETA 8429 - http://massworkforce.org/_uploads/iss/1127F.doc • Complaint Log - http://massworkforce.org/_uploads/iss/1127C.xls • Form DL 1-2014a - http://massworkforce.org/_uploads/iss/1127H.pdf

  42. Where to Send Direct appeals / hearings requests to: Department of Career Services 19 Staniford Street, 1st Floor Boston, MA 02114 Attn. Alice Sweeney

  43. The regulations pertaining to the complaint system, at times, can be complex and it is not possible to cover every aspect in a limited amount of time. This presentation is intended to provide basic information to help you become familiar with DCS policy and Procedures for handling complaints. Alice Sweeney, Director Special Initiatives & Customer Accountability E-mail: asweeney@detma.org Tel: (617) 626-5587 José V. Ocasio, State Monitor Advocate E-mail: jocasio@detma.org Tel: (617) 626-5587 Rex Gerlach-Brown, Acting Director, Office of Diversity and Equal Opportunity ADA / 504 Coordinator E-mail: RGerlach-Brown@detma.org Tel: (617) 626-5138 Technical Assistance

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