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West Virginia Income Maintenance Manual Chapter 18
West Virginia Income Maintenance Manual Page 176 Chapter 18 WV WORKS Activities/Requirements
APPENDIX A: GRIEVANCE RIGHTS FOR REGULAR EMPLOYEES OF CWEP, JOIN AND EMPLOYER INCENTIVE PROGRAM A.1 DEFINITION The Department of Human Services (DOHS) acknowledges that CWEP, JOIN, EIP, and ESP work assignments shall not: • Result in the displacement of currently employed Case Managers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; • Impair existing contracts for services or collective bargaining agreements; • Result in the employment or assignment of a participant or the filling of a position when any other person not supported under this program is on layoff from the same or a substantially equivalent job within the same organizational unit, or when an employer has terminated any regular employee or otherwise reduced its workforce with intention of filling the vacancy so created by hiring a participant whose wages are subsidized under this program; • Shall not infringe in any way upon promotional opportunities of persons currently in jobs not funded under this program; and • Shall not result in the filling of any established unfilled position vacancy by a participant assigned to the WV WORKS program. (This applies to CWEP and JOIN only.) A.2 PROCEDURES TO FOLLOW IN ORDER TO RESOLVE REGULAR EMPLOYEE GRIEVANCES • The grievance must be filed within 90 days of the date that the perceived displacement occurred. • Each worksite will be provided with Employee Grievance Posters and grievance procedures and forms. The posters shall be placed in locations conspicuous to employees. • The procedures for resolving complaints by regular employees or their representatives that a work assignment of a WV WORKS participant violates the above prohibition are as follows: