Sec. 609. Dispute resolutions, whistleblower hotline, and enforcement by the Secretary
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/bill/113/hr/1617/ih/section-609A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Each unit of general local government that is an entitlement community and each State that receives funding under this title shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections
(b)and (c). If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection
(b)or (c), as applicable, simultaneously with the chief executive officer of a unit or State involved in the dispute and the Secretary. Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance. If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties. If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary to appoint a qualified and independent arbitrator. The Secretary shall appoint a qualified and independent arbitrator within 15 days after receiving the request. Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed. Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration. If a grievant prevails under an arbitration proceeding, the unit of general local government or State involved in the dispute shall pay the cost of such proceeding, including attorneys’ fees. In the case where a dispute arises as to whether a unit of general local government that is an entitlement community or State has improperly requested funds for services, an employee or employee representative of the unit or State may file a grievance under subsection
(a)not later than 15 days after public notice of an intent to submit an application under section 603 is published in accordance with paragraph (1)(C) of such section. Upon receiving a copy of the grievance, the Secretary shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (a), by the parties or an arbitrator in favor of providing such funding. In the case of a dispute not covered under subsection
(b)concerning compliance with the requirements of this title by a unit of general local government that is an entitlement community or State receiving funds under this title, an employee or employee representative of the unit or State may file a grievance under subsection
(a)not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary to ensure further compliance with the requirements of this title, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this title during any period of noncompliance. A party to a dispute described in paragraph
(1)may use the existing grievance procedure of a unit or State involved in such dispute, or the arbitration procedure described in this subsection, to resolve such dispute. For purposes of subsections (a), (b), and (c), the term party means an employee, employee representative, unit of general local government, or State, involved in a dispute described in subsection
(b)or (c). The Secretary shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this title by a State or unit of general local government or individual receiving funding under this title. If the Secretary receives a complaint alleging noncompliance with this title, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary determines appropriate, including— withholding further funds under this title to a noncompliant entity; requiring the entity to make an injured party whole; or requiring the entity to repay to the Secretary any funds received under this title during any period of noncompliance. For purposes of this paragraph, the term entity means State, unit of general local government, or individual. A remedy described in subparagraph
(A)may also be ordered by the Secretary upon recommendation by an arbitrator appointed or selected under this section.