§ 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.