Section 21-503. Grievance Procedure

a.  The  following  procedure shall be established in order to allow for
  the timely resolution of grievances. A participant may elect to pursue a
  grievance  pursuant  to  this  chapter  prior  to  the   initiation   of
  conciliation  under  §  341  of  New York State social services law. The
  sponsoring agency shall notify each participant orally and in writing at
  the start of each  work  assignment  of  the  participant's  rights  and
  responsibilities  under  this  procedure, including the right to resolve
  grievances under such procedure prior to the initiation of  conciliation
  under § 341 of New York State social services law, and of the name, work
  address,  telephone number of and locations to submit a grievance to the
  participant's  Step  1  supervisor  and  the   sponsoring   agency   WEP
  coordinator.  The  sponsoring  agency  shall  not  notify  the office of
  employment services ("OES") or any other designee of  the  local  social
  services  district  of an alleged failure to comply with program or work
  activities requirements by the participant unless and until the  Step  1
  supervisor  or  a higher-level supervisor first notifies the participant
  orally and in writing that the agency intends to do so and why, and then
  only after completion of the procedure set forth in Steps 1  and  2.  In
  the  event there is an alleged failure by a participant to comply with a
  program or work activity  requirement  and  no  grievance  is  submitted
  during  the  time period set forth below, then the sponsoring agency may
  notify OES. Nothing herein shall limit the authority of  the  sponsoring
  agencies except as provided herein.
  b. General Procedure.
    i.  Step  1.  A  participant's  grievance shall be made verbally or in
  writing to his or her step 1 supervisor not later than five (5)  working
  days   after   the   act  or  omission  complained  of.  Discussion  and
  consideration of the  grievance  may  be  assisted  by  a  higher  level
  supervisor(s), who may be called in to help with the resolution process.
  The participant and the supervisor(s) shall work together to resolve the
  dispute  to the satisfaction of both the participants and the sponsoring
  agency. The grievance shall be considered and  passed  upon  in  writing
  within  five  (5)  working  days  after  it  has  been  presented to the
  participant's step 1 supervisor. A copy of the written decision shall be
  given to the participant.
    ii. Step 2.  If  a  grievance  is  not  resolved  at  step  1  to  the
  satisfaction of the participant, within seven (7) working days after the
  participant has received a copy of the written decision rendered in step
  1,  the  participant  may  appeal  the  initial  decision verbally or in
  writing by requesting a discussion of the grievance with the  sponsoring
  agency  WEP  coordinator.  The participant and the sponsoring agency WEP
  coordinator shall work jointly for a mutually satisfactory resolution of
  the grievance. The appeal shall be considered and passed upon in writing
  within three (3) working days after the appeal has been made. A copy  of
  the determination of the appeal shall be given to the participant.
    iii.  Step  3.  If  a  grievance  is  not  resolved  at  step 2 to the
  satisfaction of the participant, the participant may appeal the decision
  verbally or in writing to  the  social  services  district  pursuant  to
  social services law § 341.
  c.  A participant grieving a work assignment or working conditions shall
  continue to work at their assigned sponsoring agency. If  the  grievance
  involves  a  claim  that the assignment or condition is injurious to the
  participant's health or  safety  or  that  it  exceeds  his/her  medical
  limitations,  the  sponsoring agency shall reassign the participant to a
  different work assignment that is not  injurious  to  the  participant's
  health or safety or claimed medical limitations.

  d.  At any stage of the grievance procedure established by this chapter,
  a participant shall have the right to representation by  legal  counsel,
  or by a relative, friend, or other spokesperson, or may represent him or
  herself.
    * NB  The  validity  of local law 13 of 2000 is currently a subject of
  disagreement between the Mayor and the City Council. This  certification
  is  not intended as a legal opinion as to the validity of the local law,
  other than certifying the truth of the facts presented herein.
    * NB There are 2 § 21-503's