FRYSC Corps Grievance Procedures and Remedies

The Member understands that the program has an alternative dispute resolution (ADR) procedure to resolve disputes concerning your suspension, dismissal, service evaluation, or proposed service assignment. FRYSC Corps & OVEC’s ADR is open to program participants, labor organizations and other interested individuals concerning this AmeriCorps program. The Member understands that, as a participant of the program, they may file a grievance in accordance with the program’s ADR procedure as follows.

1.Informal review of the dispute including the Member, the program or grant manager or member coordinator and your site supervisor within 45 days of the alleged occurrence.  

If the informal review is unsuccessful the Member may request mediation as follows;

2.You must request mediation within 45 calendar days from the date of the contested incident.

3.If the matter is resolved, the terms of the resolution are recorded in a written agreement, and the party agrees to forgo filing any further grievance on the matter under consideration.

4.At the initial mediation meeting you will be advised in writing you have the right to file a grievance and a right to arbitration.

5.The mediation meeting will be facilitated by a neutral party appointed by Ohio Valley Educational Cooperative (OVEC). The mediator may not compel a resolution.

6.The mediation meeting will be informal; the rules of evidence do not apply. With the exception of a written agreement the content of mediation meeting will be confidential.

7.A written notice of the right to file a formal grievance will be provided after 30 days of the mediation meeting if the issue is not resolved. 

If the initial step is unsuccessful and/or you do not choose mediation, then the grievance must be addressed as follows

1.You must file a request to file a grievance with OVEC’s grievance committee no later than 1 year of the date of the contested incident (except for fraud or criminal activity).

2.The neutral mediator from previous meetings may not participate. In addition, no communication or description of the previous meeting may be referred to or introduced as evidence and the decision of the mediator is not binding unless both parties agree.

3.The grievance hearing must take place no later than 30 days after filing.

4.A decision from the grievance committee must be provided to you no later than 60 days after filing.

5.If the issue is resolved and a written agreement is reached, you will agree to forgo pursuing arbitration for the issue. 

If the grievance is unsuccessful then the member may request binding arbitration as follows

1.The filing party may submit the grievance to binding arbitration if the decision of the hearing is adverse to the grievant, or if no decision has been reached in 60 days. 

2.A qualified arbitrator who is independent of the interested parties must be jointly chosen. AmeriCorps’s CEO will appoint an arbitrator if the parties cannot agree on an arbitrator within 15 calendar days.

3.Arbitration must be held no later than 45 days from the request or 30 days after an arbitrator is appointed by AmeriCorps’s CEO. 

4.A decision from the arbitrator must be made no later than 30 calendar days after the arbitration meeting begins.

5.Cost of the arbitration is divided evenly between the parties to the arbitration. If the participant, labor organization, or other interested individual prevails during arbitration, then the program/grantee pays the total cost of the proceeding and the attorney’s fees of the prevailing party.

In addition:

7. If a grievance is filed regarding a proposed placement of a participant in a program that receives assistance under this chapter, such placement must not be made unless the placement is consistent with the resolution of the grievance.

8. Remedies for a grievance may include—

a. Prohibition of a placement of participant; and

b. In grievance cases where there is a violation of nonduplication or nondisplacement requirements and the employer of the displaced employee is the recipient of AmeriCorps assistance—

c. Reinstatement of the employee to the position he or she held prior to the displacement;

d. Payment of lost wages and benefits; Re-establishment of other relevant terms, conditions and privileges of employment; and 

e. Any other equitable relief that is necessary to correct any violation of the nonduplication or nondisplacement requirements or to make the displaced employee whole.

9.Suspension or termination of assistance. The federal agency AmeriCorps may suspend or terminate payments for assistance under this chapter.

10.A suit to enforce arbitration awards may be brought in any Federal district court having jurisdiction over the parties without regard to the amount in controversy or the parties' citizenship.

If the result of that grievance is in the favor of the service member then the FRYSC Corp can offer the following remediation actions.

AmeriCorps Enrollment

If a member is exited from the FRYSC AmeriCorps program but elects to file a grievance through OVEC then the member will be assigned to a refill slot if available. If a refill slot is not available, FRYSC Corps will work with Serve Kentucky to identify the alternatives for reactivating the member’s service. Other remediation is outlined below. 

Service Activity and Site Assignment

Reasonable number of service hours per week is 40 hours.

If the member can reasonably complete their service term by the end of the contract year then the member may be reassigned to an alternate service site to complete service activity if an appropriate service site is available. 

If the member cannot reasonably complete their service term by the end of the service year then the member may be credited the average number of service hours they earned each week prior to the grievance.

Living Allowance

The member may be credited the remainder of the living allowance stated within the member’s service agreement. If the member is restored to service then they will receive an adjustment to their previous twice monthly living allowance check. The adjustment will be based on the total remaining living allowance available to the member divided by the total number of remaining pay periods. The member must resume serving each week and meet the revised service agreement terms in order to receive the living allowance. 

Education Award 

If the member cannot complete all the service hours required to receive a full education award, the FRYSC Corps will document a personally compelling circumstance for the member. The member will receive an education award based on the number of service hours they completed an/or were credited to the member.

Health Insurance

If the member is enrolled in the FRYSC Corps’ health plan when they served and circumstances lead them to file a grievance, they will either be reinstated or will continue on our health plan until the grievance is resolved. If the grievance is in favor of the member, then they will retain health benefits until the end of their contracted service term. If the grievance is settled in favor of the program, health insurance will end immediately.

Child Care Assistance

If the member is enrolled in the GAPS Child Care Assistance when they served and circumstances lead them to file a grievance, they will either be reinstated or will continue on the childcare plan until the grievance is resolved. If the grievance is in favor of the member, then they will retain childcare benefits until the end of their contracted service term. If the grievance is settled in favor of the program, childcare assistance will end immediately.

Loan Forbearance

If the member has active loan forbearance when they served and circumstances lead them to file a grievance, they will either be reinstated or will continue with the forbearance until the grievance is resolved. If the grievance is in favor of the member, then they will retain forbearance benefits until the end of their contracted service term. If the grievance is settled in favor of the program, forbearance will end immediately.