Section 21-501
* § 21-501 Definitions. As used in this chapter:
a. "Participant" means an applicant for or recipient of family
assistance or safety net assistance who volunteers for or who has been
required to participate in the work experience program.
b. "Sponsoring agency" means a public agency or a private non-profit
or for-profit organization providing an employment related activity(ies)
or service(s) to a social services district or the department of social
services through contract or agreement.
c. "Terms and conditions of work" shall encompass hours of work,
transportation, training, health, safety, alleged failure to comply with
program or work activities requirements, and any and all other terms and
conditions of work for participants.
d. "Grievance" means:
i. a dispute between a sponsoring agency and one or more WEP
participants concerning any terms and conditions of work; or
ii. a claimed violation, misinterpretation, or misapplication of the
rules or regulations of a sponsoring agency affecting the terms and
conditions of work.
e. "Work Experience Program" or "WEP" shall mean the program
established by New York City pursuant to and governed by Title 9-B of
the New York State social services law section 336-c and implementing
regulations, under which individuals receiving family assistance or
safety net assistance who are assigned to the work experience program
are required to work for a specified number of hours per week in a
government or private not-for-profit or for-profit agency in order to
maintain their eligibility for continued public assistance.
f. "Step 1 supervisor" means the participants immediate supervisor,
unless the participant's immediate supervisor is represented for
purposes of collective bargaining, in which case the sponsoring agency
shall designate a supervisor who is not represented for purposes of
collective bargaining to hear and resolve Step 1 grievances.
* 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.
Section 21-502
* § 21-502 Applicability. This chapter shall apply to all sponsoring
agencies and WEP participants.
* 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.
Section 21-503
* § 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.
Section 21-504.
* § 21-504. Supportive Services. Each sponsoring agency must provide
such work-related material, safety equipment, clothing (including
uniforms, footwear, outerwear and inclement weather gear), tools and
other equipment necessary in order for a participant to perform his or
her assignment in a safe, appropriate and efficient manner.
Failure of the sponsoring agency to comply with this provision shall
be grievable under this chapter.
* 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.