Page 619 TITLE 29—LABOR § 1554

be available with respect to injuries suffered by

participants. To the extent that such law is not

applicable, each recipient of funds under this

chapter shall secure insurance coverage for injuries suffered by such participants, in accordance

with regulations prescribed by the Secretary.

(4) All individuals employed in subsidized jobs

shall be provided benefits and working conditions at the same level and to the same extent

as other employees working a similar length of

time and doing the same type of work.

(5) No funds available under this chapter may

be used for contributions on behalf of any participant to retirement systems or plans.

(b) Nondisplacement of local workers; existing

collective bargaining agreements; nonavailability for layoff replacement; noninfringement of promotion opportunity

(1) No currently employed worker shall be displaced by any participant (including partial displacement such as a reduction in the hours of

nonovertime work, wages, or employment benefits).

(2) No program under this chapter shall impair—

(A) existing contracts for services; or

(B) existing collective bargaining agreements, unless the employer and the labor organization concur in writing with respect to

any elements of the proposed activities which

affect such agreement, or either such party

fails to respond to written notification requesting its concurrence within 30 days of receipt thereof.

(3) No participant shall be employed or job

opening filled (A) when any other individual is

on layoff from the same or any substantially

equivalent job, or (B) when the employer has

terminated the employment of any regular employee or otherwise reduced its workforce with

the intention of filling the vacancy so created

by hiring a participant whose wages are subsidized under this chapter.

(4) No jobs shall be created in a promotional

line that will infringe in any way upon the promotional opportunities of currently employed

individuals.

(c) Labor organizations

(1) Each recipient of funds under this chapter

shall provide to the Secretary assurances that

none of such funds will be used to assist, promote, or deter union organizing.

(2) Where a labor organization represents a

substantial number of employees who are engaged in similar work or training in the same

area as that proposed to be funded under this

chapter, an opportunity shall be provided for

such organization to submit comments with respect to such proposal.

(d) Applicability of Federal labor standards

All laborers and mechanics employed by contractors or subcontractors in any construction,

alteration, or repair, including painting and

decorating, of projects, buildings, and works

which are federally assisted under this chapter,

shall be paid wages at rates not less than those

prevailing on similar construction in the locality as determined by the Secretary in accordance with the Act of March 3, 1931 (40 U.S.C.

276a—276a–5), popularly known as the DavisBacon Act. The Secretary shall have, with respect to such labor standards, the authority and

functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and

section 276c of title 40. The provisions of this

subsection shall not apply to a bona fide trainee

in a training program under this chapter. The

provisions of section 1577(a)(4) of this title shall

apply to such trainees.

(Pub. L. 97–300, title I, §143, Oct. 13, 1982, 96 Stat.

1345; Pub. L. 97–404, §1(h), Dec. 31, 1982, 96 Stat.

2026; Pub. L. 102–367, title I, §133, Sept. 7, 1992,

106 Stat. 1045.)

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(2), is Pub. L. 91–596, Dec. 29, 1970,

84 Stat. 1590, as amended, which is classified principally

to chapter 15 (§651 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title

note set out under section 651 of this title and Tables.

Act of March 3, 1931, known as the Davis-Bacon Act,

referred to in subsec. (d), is act Mar. 3, 1931, ch. 411, 46

Stat. 1494, as amended, which is classified generally to

sections 276a to 276a–5 of Title 40, Public Buildings,

Property, and Works. For complete classification of

this Act to the Code, see Short Title note set out under

section 276a of Title 40 and Tables.

Reorganization Plan Numbered 14 of 1950, referred to

in subsec. (d), is set out in the Appendix to Title 5, Government Organization and Employees.

AMENDMENTS

1992—Subsec. (b)(2). Pub. L. 102–367 amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

‘‘No program shall impair existing contracts for services or collective bargaining agreements, except that

no program under this chapter which would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned.’’

1982—Subsec. (d). Pub. L. 97–404 substituted ‘‘1931’’ for

‘‘1921’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516, 1554 of this

title; title 42 section 12899e.

§ 1554. Grievance procedure

(a) Maintenance and timing

Each administrative entity, contractor, and

grantee under this chapter shall establish and

maintain a grievance procedure for grievances

or complaints about its programs and activities

from participants, subgrantees, subcontractors,

and other interested persons. Hearings on any

grievance shall be conducted within 30 days of

filing of a grievance and decisions shall be made

not later than 60 days after the filing of a grievance. Except for complaints alleging fraud or

criminal activity, complaints shall be made

within one year of the alleged occurrence.

(b) Requirement for recipient grievance procedure

Each recipient of financial assistance under

this chapter which is an employer of partici-
§ 1555 TITLE 29—LABOR Page 620

pants under this chapter shall continue to operate or establish and maintain a grievance procedure relating to the terms and conditions of employment.

(c) Investigation by Secretary

Upon exhaustion of a recipient’s grievance

procedure without decision, or where the Secretary has reason to believe that the recipient is

failing to comply with the requirements of this

chapter or the terms of the job training plan,

the Secretary shall investigate the allegation or

belief and determine within 120 days after receiving the complaint whether such allegation

or complaint is true.

(d) Labor standards violations

(1) If a person alleges a violation of section

1553 of this title and such person exhausts the

recipient’s grievance procedure or the 60-day

time period described in subsection (a) of this

section has elapsed without a decision, either

party to such procedure may submit the grievance to the Secretary. The Secretary shall investigate the allegations contained in the grievance and make a determination as to whether a

violation of section 1553 of this title has occurred.

(2) If the results of the investigation conducted pursuant to paragraph (1) indicate that a

modification or reversal of the decision issued

pursuant to the recipient’s grievance procedure

is warranted, or the 60-day time period described

in subsection (a) of this section has elapsed

without a decision, the Secretary may modify or

reverse the decision, or issue a decision if no decision has been issued, as the case may be, after

an opportunity for a hearing in accordance with

the procedures under section 1576 of this title.

(3) If the Secretary determines that the decision issued pursuant to the recipient’s grievance

procedure is appropriate, the determination

shall become the final decision of the Secretary.

(e) Alternative procedure for labor standards

grievances

(1) A person alleging a violation of section 1553

of this title may, as an alternative to the procedures described in this section, submit the grievance involving such violation to a binding grievance procedure if a collective bargaining agreement covering the parties to the grievance so

provides.

(2) The remedies available under paragraph (1)

shall be limited to the remedies available under

subsection (f)(1)(C) of this section and subsection (f)(2) of this section.

(f) Remedies for labor standards violations

(1) Except as provided in paragraph (2), remedies available to grievants under this section

for violations of section 1553 of this title shall be

limited to—

(A) suspension or termination of payments

under this chapter;

(B) prohibition of placement of a participant, for an appropriate period of time, in a

program under this chapter with an employer

that has violated section 1553 of this title, as

determined under subsection (d) or (e) of this

section; and

(C) appropriate equitable relief (other than

back pay).

(2) In addition to the remedies available under

paragraph (1), remedies available under this section for violations of subsection (a)(4) of this

section, paragraphs (1) and (3) of subsection (b)

of this section, and subsection (d) of section 1553

of this title may include—

(A) reinstatement of the grievant to the position held by such grievant prior to displacement;

(B) payment of lost wages and benefits; and

(C) reestablishment of other relevant terms,

conditions, and privileges of employment.

(g) Remedies under other laws for labor standards violations

Nothing in subsection (f) of this section shall

be construed to prohibit a grievant from pursuing a remedy authorized under another Federal,

State, or local law for a violation of section 1553

of this title.

(Pub. L. 97–300, title I, §144, Oct. 13, 1982, 96 Stat.

1346; Pub. L. 102–367, title I, §134(a), Sept. 7, 1992,

106 Stat. 1045.)

AMENDMENTS

1992—Subsecs. (d) to (g). Pub. L. 102–367 added subsecs. (d) to (g).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1576 of this title.

§ 1555. Federal control of education prohibited

No provision of this chapter shall be construed

to authorize any department, agency, officer, or

employee of the United States to exercise any

direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other

printed or published instructional materials by

any educational institution or school system.

(Pub. L. 97–300, title I, §145, Oct. 13, 1982, 96 Stat.

1347.)

CROSS REFERENCES

Programs administered by Secretary of Education,

prohibition of Federal control of education, see section

1232a of Title 20, Education.

PART D—FEDERAL AND FISCAL ADMINISTRATIVE

PROVISIONS

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1661a of this title.

§ 1571. Program year

(a) Basis for availability of appropriations

Beginning with fiscal year 1985 and thereafter,

appropriations for any fiscal year for programs

and activities under this chapter shall be available for obligation only on the basis of a program year. The program year shall begin on

July 1 in the fiscal year for which the appropriation is made.