Page:United States Statutes at Large Volume 107 Part 1.djvu/890

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107 STAT. 864 PUBLIC LAW 103-82—SEPT. 21, 1993 "(C) DEADLINE FOR DECISION.—A decision concerning a grievance shall be made not later than 30 days after the date such arbitration proceeding begins. " (D) COST. — "(i) IN GENERAL. —Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration, "(ii) EXCEPTION.—I f a participant, labor organization, or other interested individual described in paragraph (1) prevails under a binding arbitration proceeding, the State or local applicant described in paragraph (1) that is a party to such grievance shall pay uie total cost of such proceeding and the attorneys' fees of such participant, labor organization, or individual, as the case may be. "(5) PROPOSED PLACEMENT. — If a grievance is filed regarding a proposed placement of a participant in a project that receives assistance under this title, such placement shall not be made unless the placement is consistent with the resolution of the grievance pursuant to this subsection. "(6) REMEDIES.— Remedies for a grievance filed under this subsection include— "(A) suspension of payments for assistance under this title; "(B) termination of such payments; "(C) prohibition of the placement described in paragraph (5); and "(D) in a case in which the grievance involves a violation of subsection (a) or (b) of section 177 and the employer of the displaced employee is the recipient of assistance under this title— "(i) reinstatement of the displaced employee to the position held by such employee prior to displacement; "(ii) payment of lost wages and benefits of the displaced employee; "(iii) restablishment of other relevant terms, conditions, and privileges of employment of the displaced employee; and "(iv) such equitable relief as is necessary to correct any violation of subsection (a) or (b) of section 177 or to make the displaced employee whole. "(7) ENFORCEMENT.— Suits to enforce arbitration awards under this section may be brought in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy and without regard to the citizenship of the parties.". SEC. 117. NONDISPLACEMENT. Section 177(b)(3) of the National and Community Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amended— (1) in subparagraph (B), to read as follows: "(B) SUPPLANTATION OF HIRING. —^A participant in any program receiving assistance under this title shall not perform any services or duties, or engage in activities, that— "(i) will supplant the hiring of employed workers; or