The Weld County Workforce Development Board and Employment Services of Weld County established the following general policies and procedures to ensure all staff are following proper complaint procedures.
WIOA Complaint Process
Responsibility: Weld County Workforce Development Board
Subject: WIOA Complaint Procedures
Policy Number: WCWDB-23-2024-1
Revises Policy Number: WCWDB-23-2018-4
Implementation Date: January 9, 2024
Scheduled Review Date: February 1, 2026
PURPOSE:
To provide guidance and establish minimum standards for Employment Services of Weld County (ESWC) staff regarding Workforce Innovation and Opportunity Act (WIOA) Title I grievances and complaints. This guidance includes information regarding administrative and program specific requirements of WIOA. Specifically, the guidance ensures compliance with Colorado Department of Labor and Employment (CDLE) Policy Guidance Letter (PGL) ADM- 2015-01, Change 2 and each of its included references.
POLICY:
The Weld County Workforce Development Board (WCWDB) and Employment Services of Weld County (ESWC) adopt a WIOA Complaint Process to ensure compliance with the Workforce Innovation and Opportunity Act of 2014 and to ensure participants and other interested parties affected by the local Workforce System are informed of their rights under WIOA.
BACKGROUND:
Grievance procedures are required under WIOA to ensure individuals who believe their rights have been negatively affected by WIOA-related actions can access appropriate remedies. This complaint process is separate and apart from the Weld County Workforce Development Board Employment Service Complaint System and Reporting Requirements Policy (WCWDB-8-2024-1) and complaint processes related to discrimination and Section 188 of WIOA.
DEFINITIONS:
Complaint is a representation made or referred to a State or local Employment Services office of an alleged violation of the Workforce Innovation and Opportunity Act Title I regulations.
WIOA Staff are individuals who are funded, in whole or in part, by Title I WIOA funds to carry out activities authorized under the Workforce Innovation and Opportunity Act of 2014.
PROCEDURES:
Utilizing resources listed in the Language Assistance Policy and release of information documents, ESWC will make reasonable efforts to assure that the information referred to below will be understood by limited-English speaking individuals and youth.
Formal Complaint Requirements
If a participant or other interested party claims a grievance or complaint against local WIOA staff, the following information must be identified in the initial formal complaint filed by the complainant:
- Full name, mailing address and phone number of the party or parties filing the complaint;
- Full name, mailing address and phone number of the party or parties alleged to have
committed the act;
- A clear, concise statement of the facts of the case, and the nature of the violation(s);
- The date of the alleged act and factual information or documentation supporting the complaint;
- The remedy that is sought.
This information will be submitted to the Adult or Youth Employment and Training Supervisor who will manage and report complaint information to the Workforce Director and the ESWC Complaint Officer:
Employment Services of Weld County
Attn: Kris Armstrong
karmstrong@weld.gov
315 N 11th Avenue, Building B
Greeley, CO 80631
The opportunity for an informal resolution and a hearing will be completed within sixty (60) calendar days of the filing of the grievance or complaint.
Appeals to the State
If the complaint cannot be resolved with the Complaint Officer within sixty (60) calendar days, or the complainant is dissatisfied with the decision, they may appeal the decision as follows:
- An appeal must be in writing and filed with the Colorado Department of Labor and Employment (CDLE) within ten (10) calendar days after notification of the local decision or, if a timely decision is not rendered, within fifteen (15) calendar days from the date on which the complainant should have received a timely decision.
- Pursuit to ADM-2015-01, Change 2, whenever a Local Area has failed to provide procedural process in a timely manner to a complainant, and such failure results in an appeal to CDLE, the Local Area shall bear any costs associated with disposition of the appeal.
- The following defines the appeal process:
- The appeal must be received by:
Colorado Department of Labor and Employment
ATTN: State Grievance Administrator
633 17th Street, Room 700
Denver, Colorado 80202-3627
- The appeal must contain:
- A specific statement of the grounds upon which the appeal is sought;
- A copy of the written, formal complaint submitted to ESWC
- A transcript or recording of the hearing proceedings, and
- A copy of the written decision of Weld County being appealed.
- The State Administrator will provide an opportunity for an informal resolution and a hearing to be completed within sixty (60) calendar days of the filing of the grievance or complaint.
- The State Grievance Administrator will make a final decision within sixty (60) calendar days of receipt of the appeal.
- Notification of the State Grievance Administrator's final decision will be provided to the complainant and Employment Services of Weld County.
- For reasonable cause, as determined by the State Grievance Administrator, the timeline of the state review hearing process may be extended.
Appeals to the United States Department of Labor
Should the COLE State Grievance Administrator not render a decision within sixty (60) calendar days or the extended time, or if the complainant chooses to appeal an adverse decision, an appeal in writing may be made to the:
Secretary of Labor
U.S. Department of Labor
200 Constitution Ave. NW
Washington, DC 20210
Attention: ASET
The appeal must be sent certified mail, return receipt requested.
A copy of the appeal must be simultaneously provided to the Colorado Department of Labor and Employment (address above in Appeals to the State; 3) and to the:
ETA Regional Administrator
U.S. Department of Labor
525 S. Griffin Street
Dallas, TX 75202
The COLE State Grievance Administrator decision is final unless the Secretary of Labor exercises the authority for Federal-level review. In this instance, the Secretary must render a decision no later than 120 days after receipt of the appeal.
Should the Secretary of Labor determine that the State or Employment Services of Weld County has violated any requirement of the law, remedies may be imposed, as determined by the Secretary of Labor. These include, where applicable:
- Reinstatement of lost benefits
- Suspension or termination of payments to the State or Employment Services of Weld County under WIOA
- Prohibition of placement of a participant with an employer that has violated any requirement under this title; or
- Other equitable relief.
Non-WIOA Related Grievances and Complaints
Please refer to the Employment Service Complaint System and Reporting Requirements Policy for more information.
Labor Standards Violation
Not all employment-related claims are subject to arbitration as such, an individual alleging a labor standards violation such as pay agreed to, Colorado or local minimum wages, overtime pay, etc., will be directed to file a complaint (grievance) with the Colorado Division of Labor Standards and Statistics through their Online Claim Portal. The Division Authority and Coverage page provides information about the types of complaints the Division can investigate and the investigation process. The online and printable forms to file a complaint are available online at the DLLS Demands. Complaints. Responses, & Settlements page.