New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 42 - WORKFORCE INVESTMENT ACT RULES
Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL
Section 12:42-1.2 - Scope

Universal Citation: NJ Admin Code 12:42-1.2

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Each local area shall follow, at a minimum, the grievance and hearing procedures set forth at 12:42-1.4. The local area grievance and hearing procedures shall apply to the following:

1. Grievances or complaints from participants and other interested parties affected by the local Workforce Investment System, including one-stop partners and service providers, which allege violations of the requirements of the WIA and/or provisions of a related agreement(s); and

2. Individuals alleging labor standards violations under 29 U.S.C. § 2931(b). An individual alleging a labor standards violation may submit his or her grievance to binding arbitration in lieu of the grievance and hearing procedures established by the local area pursuant to this section, in the event that a collective bargaining agreement covering the parties to the grievance so provides.

(b) The State review procedures for appeals of local level decisions set forth at 12:42-1.5 shall apply to the following:

1. Participant appeals from decisions at the local area level;

2. Local recipient appeals from decisions at the local area level; and

3. Appeals by other interested persons from decisions at the local area level.

(c) The State review procedures for matters initiated at the State level set forth at 12:42-1.6 shall apply to the following:

1. Grievances or complaints alleging a violation(s) of the requirements of the WIA and/or provisions of a related agreement(s), filed by interested parties who have no recourse to the grievance and hearing procedures of a local area, but who are affected by the Statewide Workforce Investment programs;

2. Grievances or complaints from providers of training services:
i. Who are denied eligibility by a local Workforce Investment Board or the designated State agency pursuant to 29 U.S.C. § 2842(b), (c), or (e);

ii. Whose eligibility is terminated or otherwise adversely affected by a local board or State agency pursuant to 29 U.S.C. § 2842(f); or

iii. Who are denied eligibility as a provider of on-the-job training or customized training by a one-stop operator under 29 U.S.C. § 2842(h).

3. Grievances or complaints from participants subject to testing for the use of controlled dangerous substances and participants who are sanctioned after testing positive for the use of a controlled dangerous substance.

(d) The State Board review procedures set forth at 12:42-1.7 shall apply to appeals by a unit or combination of units of general local government or a rural concentrated employment program grant recipient (as described at 29 U.S.C. § 2831(a)(2)(B)) that requests, but is not granted, automatic or temporary and subsequent designation as a local workforce investment area pursuant to 29 U.S.C. § 2831(a)(2) or (a)(3).

(e) All local areas shall provide their participants, upon enrollment, with a copy of the State review procedures.

(f) All local areas shall provide local recipients with a copy of the State review procedures no later than the date of the contract between the local area and the local recipient.

(g) 12:42-1.1 2 outlines the remedies that may be imposed under any local or State grievance procedure, which include suspension or termination of payments, prohibition of placement of a participant with an employer that has violated any requirement under WIA, payment of lost wages and benefits and other equitable relief.

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