GRIEVANCE PROCEDURE.

SEC. 134. GRIEVANCE PROCEDURE. (a) In General.— Section 144 of the Act (29 U.S.C. 1554) is amended by adding at the end the following new subsections: “(d) (1) If a person alleges a violation of section 143 and such person exhausts the recipient’s grievance procedure or the 60-day time period described in subsection (a) has elapsed without a decision, either party to such procedure may submit the grievance to the Secretary. The Secretary shall investigate the allegations contained in the grievance and make a determination as to whether a violation of section 143 has occurred. “(2) If the results of the investigation conducted pursuant to paragraph (1) indicate that a modification or reversal of the decision issued pursuant to the recipient’s grievance procedure is warranted, or the 60-day time period described in subsection (a) has elapsed without a decision, the Secretary may modify or reverse the decision, or issue a decision if no decision has been issued, as the case may be, after an opportunity for a hearing in accordance with the procedures under section 166. “(3) If the Secretary determines that the decision issued pursuant to the recipient’s grievance procedure is appropriate, the determination shall become the final decision of the Secretary. “(e) (1) A person alleging a violation of section 143 may, as an alternative to the procedures described in this section, submit the grievance involving such violation to a binding grievance procedure106 STAT. 1046 if a collective bargaining agreement covering the parties to the grievance so provides. “(2) The remedies available under paragraph (1) shall be limited to the remedies available under subsection (f)(1)(C) and subsection (f)(2). “(f) (1) Except as provided in paragraph (2), remedies available to grievants under this section for violations of section 143 shall be limited to— “(A) suspension or termination of payments under this Act; “(B) prohibition of placement of a participant, for an appropriate period of time, in a program under this Act with an employer that has violated section 143, as determined under subsection (d) or (e); and “(C) appropriate equitable relief (other than back pay). “(2) In addition to the remedies available under paragraph (1), remedies available under this section for violations of subsection (a)(4), paragraphs (1) and (3) of subsection (b), and subsection (d) of section 143 may include— “(A) reinstatement of the grievant to the position held by such grievant prior to displacement; “(B) payment of lost wages and benefits; and “(C) reestablishment of other relevant terms, conditions, and privileges of employment. “(g) Nothing in subsection (f) shall be construed to prohibit a grievant from pursuing a remedy authorized under another Federal, State, or local law for a violation of section 143.”. (b) Conforming Amendment.— Section 166(a) of the Act (29 U.S.C. 1576(a)) is amended in the 3rd sentence by inserting “section 141(c), subsections (d) and (e) of section 144, or” after “Except to the extent provided for in”.