627.604—Alternative procedure for handling labor standards violations under section 143 of the Act—binding arbitration.
(a)
A person alleging a violation of section 143 of the Act, as an alternative to processing the grievance under a procedure described at section 144 of the Act, may submit the grievance to a binding arbitration procedure, if a collective bargaining agreement covering the parties to the grievance so provides ( section 144(e)(1) ).
(b)
A person electing to have her/his complaint on JTPA section 143 labor standard violations processed under binding arbitration provisions—
(1)
Shall choose binding arbitration before, and in lieu of, initiating a complaint under other grievance procedures established pursuant to section 144 of the Act, and
(2)
May not elect binding arbitration for a complaint that previously has been or is subject to any other grievance procedure established under the Act.
(c)
Binding arbitration decisions under the provisions of section 144(e) of the Act are not reviewable by the Secretary.
(d)
The remedies available to a grievant under binding arbitration are limited to those set forth at section 144(f)(1)(C) and (f)(2) of the Act ( section 144(e)(2) ).
(e)
Nothing in this section 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 of the Act ( section 144(g) ).