PUBLIC LAW 100-485—OCT. 13, 1988
102 STAT. 2371
vacancy so created with a participant subsidized under the program; or "(3) any infringement of the promotional opportunities of any currently employed individual. Funds available to carry out the program under this part may not be used to assist, promote, or deter union organizing. No participant may be assigned under section 482(e) or (^ to fill any established unfilled position vacancy. "(d)(l) The State shall establish and maintain (pursuant to r^ulations jointly issued by the Secretary and the Secretary of Labor) a grievance procedure for resolving complaints by regular employees or their representatives that the work assignment of an individual under the program violates any of the prohibitions described in subsection (c). A decision of the State under such procedure may be appealed to the Secretary of Labor for investigation and such action as such Secretary may find necessary. "(2) The State shall hear complaints with respect to working Wages. conditions and workers' compensation, and wage rates in the case of individuals participating in community work experience programs described in section 482(f), under the State's fair hearing process. A decision of the State under such process may be appealed to the Secretary of Labor under such conditions as the joint regulations issued under subsection (f) may provide. "(e) The provisions of this section apply to any work-related programs and activities under this part, and under any other workrelated programs and activities authorized (in connection with the AFDC program) under section 1115. "(0 The Secretary of Health and Human Services and the Sec- Regulations. retary of Labor shall jointly prescribe and issue regulations for the purpose of implementing and carrying out the provisions of this section, in accordance with the timetable established in section 203(a) of the Family Support Act of 1988. "C»NTRACr AUTHORITY
"SEC. 485. (a) The State agency that administers or supervises the 42 USC 685. administration of the Stated plan approved under section 402 shall carry out the pr(^rams under this part directly or through arrangements or under contracts with administrative entities under section 4(2) of the Job Training Partnership Act, with State and local educational agencies, and with other public agencies or private organizations (including community-based organizations as defined in section 4(5) of such Act). "(b) Arrangements and contracts entered into under subsection (a) may cover any service or activity (including outreach) to be made available under the program to the extent that the service or activity is not otherwise available on a nonreimbursable basis. "(c) The State agency and private industry councils (as established under section 102 of the Job Training Partnership Act) shall consult on the development of arrangements and contracts under the program established under a plan approved under section 482(a)(l)) and under programs established under such Act. "(d) In selecting service providers, the State agency shall take into account appropriate factors which may include past performance in providing similar services, demonstrated effectiveness, fiscal accountability, ability to meet performance standards, and such other factors as the State may determine to be appropriate.