Grievance Policy
1. Grievance Policy
Employees, staff, subgrantees, labor organizations, and other
interested parties who wish to challenge the Immunize Kansas
Coalition’s (IKC) decisions related to its AmeriCorps or any additional
program shall follow the grievance procedures set forth below. Nothing
herein shall prohibit the grievant from filing a grievance with other
state or federal agencies. Any grievant that files a grievance pursuant
to this grievance procedure may not also use Immunize Kansas
Coalition’s Public and Client Complaint procedure to address
substantially the same circumstances.
A. Definition:
A grievance is defined as a complaint, dispute, or
controversy concerning the interpretation, operation, or application of
the National Community Service Act, as amended (hereinafter, “the
Act”), its implementing regulations, the grievant’s contract, other
agreements under the Act, personnel practices or Employer rules or
regulations the aggrieved party believes have been violated.
B. Initiation of Grievance
1. The person wishing to file a grievance must submit a formal
grievance complaint using the online form, where a copy is
automatically sent to IKC Executive Director, and should include,
to the best extent possible, the following information:
a. The full name, telephone number, and address of the
person making the complaint;
b. The full name and address of the party against whom the
grievance is made, or other information sufficient to
identify the party against whom the grievance is made;
c. A clear and concise statement of the facts, as alleged,
including pertinent dates, constituting the alleged violation
or the decision that is being challenged.
d. The provision of the act, regulations, grant, contract, or
other agreements under the act believed to have been
violated; and
e. The relief requested.
2. After receiving a grievance, the Immunize Kansas Coalition will
use the following procedure:
a. Except for grievances alleging fraud or criminal activity,
grievances must be filed within 90 days of the date of the
alleged occurrence. If a grievance alleges fraud or criminal
activity, it must immediately be brought to the attention of
the Compliance or chair of IKC board of Directors.
b. The IKC Executive Director will conduct a hearing on the
matter, no later than 30 calendar days after the filing of
the grievance.
3. The written decision of the IKC Executive Director, or their
designee, on any filed grievance, must be mailed to the
last known address of the grievant, his/her/their Managing
Attorney if there is a Managing Attorney involved, and the
AmeriCorps Director if grievance pertains to that program,
not later than 60 days after filing of the formal grievance.
C. Arbitration:
If there is an adverse decision against the grievant, or
no decision has been reached within 60 days of filing a grievance, the
grievant may submit the grievance to binding arbitration before a
qualified arbitrator who is jointly selected and who is independent of
the interested parties. The grievant must submit his/her/their written
request for arbitration to the IKC Executive Director.
1. If the parties cannot agree on an arbitrator within 15 days after
IKC Executive Director receives a request from one of the
parties, the Corporation for National and Community Service
(CNCS) will appoint an arbitrator from a list of qualified
arbitrators.
2. An arbitration proceeding must be held no later than 45 days
after the request for arbitration. If the arbitrator is appointed by
the CNCS, the proceeding must occur no later than 30 days after
the arbitrator’s appointment.
3. A decision must be made by the arbitrator no later than 30 days
after the date the arbitration proceedings begin.
4. The decision of the arbitrator is final.
The cost of the arbitration must be divided evenly by the parties,
except that if the employee prevails, the Immunize Kansas Coalition
will pay the total costs of the proceeding and the Employee’s
reasonable attorney’s fees related to the proceeding.
D. Suspension of Placement: If a grievance is filed regarding a
proposed placement of a employee in a program or project, such a
placement must not be made unless the placement is consistent with
the resolution of the grievance.
E. Suspension of Service: If a grievance is filed due to release for
cause, the employee’s service is suspended, and will be reinstated
only as is consistent with the resolution of the grievance.
F. Remedies: Remedies for a grievance filed under this procedure
may include:
1. Prohibition of the placement of a employee in a particular
site/position;
2. An applicant’s selection, or a employee’s reinstatement, as
appropriate, or changes in the terms and/or conditions of a
employee’s service, as applicable.
3. In grievance cases where there is a violation of non-duplication
or non-displacement requirements, and the employer of the
displaced employee is Immunize Kansas Coalition:
a. Reinstatement of the employee to the position s/he/they
held prior to the displacement;
b. Payment of lost wages and benefits;
c. Re-establishment of other relevant terms, conditions, and
privileges of employment; and
d. Any other equitable relief that is necessary to correct any
violation of the non-duplication or non-displacement
requirements or to make the displaced employee whole.
G. Notice: This grievance procedure is reviewed at Employee
Orientation and is available virtually or, if requested, by hard copy, to
each Immunize Kansas Coalition AmeriCorps Program employee. By
signing the Employee Service Agreement, the employee agrees that
this policy has been reviewed