Section 101.055. Grievance procedure for complaints of employment displacement.

 

(1)   Agency designee. Each W-2 agency shall designate staff responsible for receiving, investigating, and resolving complaints of violations of s. DCF 101.05 (9) or shall maintain an agreement with a department grantee or contractor in the same locality to receive, investigate, and resolve such complaints.

(2)   Notice. Each W-2 work training provider or employer of a participant in a W-2 employment position shall inform its employees of the right to file a complaint under this section and provide information about how to obtain further information on the grievance procedure.

(3)   Filing a complaint.

(a) An employee, former employee, or employee's representative may file a written complaint with the W-2 agency or its designee that alleges facts that may constitute a violation of s. DCF 101.05 (9) .

(b) The complaint shall be filed within one year from the date of the alleged violation .

(4)   Investigation and informal resolution. Upon receipt of a complaint alleging a violation of s. DCF 101.05 (9) , the W-2 agency or its designee shall investigate the complaint and assist the parties in attempting to reach an informal resolution to the complaint.

(5)   Hearing.

(a) If an informal resolution under sub. (4) cannot be reached, the W-2 agency or its designee shall conduct a hearing within 30 calendar days from the date the complaint was filed.

(b) The W-2 agency or its designee shall issue a hearing decision to the parties within 60 calendar days from the date the complaint was filed.

(6)   Department review. A party may file a request for a department review within 10 days of receiving an adverse decision from the W-2 agency or its designee or within 15 days from the date the decision was due if the parties did not receive a decision. The review shall be conducted by the administrator of the department's division of family and economic security or a designee. The department's final decision shall be issued within 30 calendar days from the date the request for departmental review was filed.

(7)   Remedies. A W-2 employer or work training provider who is found to have violated any of the nondisplacement provisions in s. DCF 101.05 (9) may be subject to the following penalties:

(a) Termination of existing W-2 or other work training agreements with the department or its contractors.

(b) Termination of grants from the department or its contractors and disqualification for future grants.

(c) Disqualification for future work training agreements with the department or its contractors.

(8)   Nonretaliation. No employer or W-2 work training provider may retaliate against an employee, employee's representative, or witness who initiates or participates in the grievance procedure under this section.

CR 04-082 : cr. Register November 2004 No. 587 , eff. 12-1-04; corrections in (1), (3) (a), (4), (6) and (7) (intro.) made under s. 13.92 (4) (b) 6. and 7. , Stats., Register November 2008 No. 635 .

Note

A request for departmental review may be filed with the Division of Family and Economic Security Administrator, Department of Children and Families, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916. Microsoft Windows NT 6.1.7601 Service Pack 1