Member Service Agreement Checklist for 2022-2023

Date: 
03/07/2022
Document Text Version

2022-2023 MEMBER SERVICE AGREEMENT CHECKLIST                                        

Instructions: If the Member Service Agreement contain the listed element, check the box. If not, revise the agreement to incorporate that element. Volunteer Iowa has a template Member Service Agreement available on the Volunteer Iowa website.

 

  • Member name, program name
  • Member position title, service location, site supervisor name and site supervisor phone/email
  • Member start date and end date
  • Term type member is serving, minimum required service hours to successfully complete term and be eligible for the education award.
  • Expectations outlining service from start date through end date and completing minimum hours in term
  • Anticipated service schedule language
  • Requirements (as developed by the grantee) necessary to be eligible for additional terms of service
  • NSCHC: Acknowledgement that service is contingent upon the review of the listed checks and applicant maybe ineligible based upon findings.
  • Living allowance must be paid from the start of service (start date) until the member ends service (end date) and in accordance with the program’s Member Payroll and Exit Policy
  • Living allowance is paid in equal increments while members are serving
  • The member is prohibited from accepting other forms of compensation for their service.  This does not include program approved incentives.
  • Living allowance is taxable; taxes will be deducted prior to payment
  • Member standing for the purposes of the Fair Labor Standards Act and eligibility for unemployment.
  • Member benefits (health care, childcare, loan forbearance /PSLF)
  • Education award amount for the term of service in which the individual is enrolling
  • High School diploma or equivalent certification language
  • Member must disclose previous service that may make them ineligible for future education award.  Includes both release for cause and number of prior terms served
  • Information on the impact of an exit for compelling personal circumstance on the education award
  • Member responsibility to the program as it pertains to the Drug-Free Workplace policy
  • Prohibited Activities
    • While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or CNCS, staff and members may not engage in the following activities.

a.           Attempting to influence legislation

b.           Organizing or engaging in protests, petitions, boycotts or strikes

c.            Assisting, promoting or deterring union organizing

d.           Impairing existing contracts for services or collective bargaining agreements

e.           Engaging in partisan political activities or other activities designed to influence the outcome of an election

to any public office

f.            Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials

g.            Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization;

h.           Providing a direct benefit to:

              i.            A business organized for profit;

ii.           A labor union

iii.          A partisan political organization

iv.           A non-profit entity that fails to comply with restrictions contained in section 501(c)(3)

v.            An organization engaged in religious activities as described above (g), unless Corporation assistance is not used to support those religious activities

i.            Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive

j.            Providing abortion services or referrals for receipt of such services

k.            Such other activities as CNCS/Volunteer Iowa may prohibit.

      1. Census activities
      2. Election and Polling Activities
  • AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above.
  • Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non-CNCS funds. Individuals should not wear the AmeriCorps logo while doing so.
  • AmeriCorps members may raise resources directly in support of the program's service activities. Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following:
  1. Seeking donations of books from companies and individuals for a program in which volunteers teach children to read;
  2. Writing a grant proposal to a foundation to secure resources to support the training of volunteers;
  3. Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals;
  4. Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization;
  5. Seeking donations from alumni of the program for specific service projects being performed by current members.
  • AmeriCorps members may not:
  1. Raise funds for living allowances or for an organization’s general (as opposed to project) operating expenses or endowment;
  2. Write a grant application to the CNCS or to any other Federal agency.
  • An AmeriCorps member may spend no more than ten percent of his or her originally agreed-upon term of service, as reflected in the member enrollment in the National Service Trust, performing fundraising activities
  • The program must ensure that it does not exceed the limitation on member service hours spent in education and training set forth in 45 CFR § 2520.50.
  • Code of conduct (standards developed by the grantee) & disciplinary policy
  • Nonduplication language (program responsibility):

a)           Nonduplication. Corporation assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of paragraph (f) [nondisplacement] of this section are met, Corporation assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides.

  • Nondisplacement language (program responsibility): 45 CFR §§ 2540.100 

b)           Nondisplacement.

(1)          An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance.

(2)          An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance.

(3)          A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual.

(4)          A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.

(5)          A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that:

              i.            Will supplant the hiring of employed workers; or

ii.           Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.

(6)          A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any—

i.            Presently employed worker;

ii.           Employee who recently resigned or was discharged;

iii.          Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;

iv.           Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or

v.            Employee who is on strike or who is being locked out.

  • Suspension and Temporary Leave from Service
    • Suspension rules- including program specific and required suspensions
      • individual who faces an official charge of a violent felony or sale or distribution of a controlled substance. (A member suspended under this clause can be reinstated if the individual is found not guilty or if the charge is dismissed.)
      • individual who is convicted of possession of a controlled substance.  (Members suspended under this clause can be reinstated only if they demonstrate the following: a. first offense, must enroll in a drug rehabilitation program, b. convicted of more than one offense of possession, must have successfully completed drug rehabilitation.)
    • Member suspensions for not serving or not have prior approval for 0-hour time sheets
    • Suspensions based on violations of the Code of Conduct, as outlined above in Section VI.
    • Temporary leave of service, including CPC suspension
    • FMLA may apply to full-time members who service history and program meet the FMLA requirements
    • Member grieving termination will be place in suspension status until the grievance is resolved.
  • Member Exit and Release, including the specific terms under which a member may be released for cause
    • Outline of exits from the AmeriCorps program
    • Reasons for an exit for cause
    • Explanation for compelling personal circumstance (CPC) release, including the requirements and what is not counted as a CPC release
    • Member released for cause will not receive any portion of the education award and all benefits will stop as of date of release
    • Member released from service due to a compelling personal circumstance will receive a pro-rated education award.  Member benefits will cease as of the release date.  Programs will notify benefits providers of changes in member enrollment status
    • Member exit requirement must be completed within [xx] days, if not member risks the loss of education award and potential to serve another term of service in AmeriCorps
    • Programs will notify members for a release for cause, including whether they were released with unsatisfactory performance review. 
  • Informed consent/Media/publicity/information release
  • Civil Rights and Non-Harassment Policy
  • Grievance Procedures – overview (see attachment for procedures and form)
  • Amendments to the Agreement
  • Member signature and date
  • If member is under 18, parent/guardian signature
  • Program representative signature and date
  • Position description incorporated by reference.  Items required to be included in the Member Position Description (MPD)
    • Living allowance
    • Anticipated service schedule
    • Clearly outlines that sick time, vacation time and holidays are not counted toward the hours needed to complete the term
    • Specific Description of Duties
    • Qualifications
    • Term of Service
    • Benefits
    • Evaluation requirements
  • MSA design should include living allowance and education award amounts for each slot type the program intends to fill during the year.    
  • Grievance
    • Preliminary Complaint Resolution (PCR) use of informal discussion and use of standard written policies
    • Alternative Dispute Resolution (ADR) such as mediation or facilitation – optional
      • Initiated within 45 days of occurrence
      • Initial session member notified in writing of opp. to file grievance & right to arbitration
      • Aided by neutral party who may not compel a resolution
      • Informal process, no rules of evidence
      • Confidential and not binding unless both parties agree
      • If written agreement made, member will forego filing formal grievance
      • If not resolved within 30 days, neutral party must again inform member of right to file a formal grievance
    • Formal Grievance Procedure (FGP)
      • If adverse decision against member or no decision reached after 60 days, the member may submit the grievance to binding arbitration
      • The arbitrator is jointly selected and independent of the parties
      • Arbitration proceeding must be held no later than 45 days or 30 days after the appointment by the CNCS
      • Decision must be made by arbitrator within 30 days after the arbitration proceedings begin
      • The cost of arbitration must be divided evenly by the parties, unless the member prevails
      • If member prevails, the program will pay the total cost of the proceeding and the member’s attorney’s fees
    • Arbitration
      • If adverse decision against member or no decision reached after 60 days, the member may submit the grievance to binding arbitration
      • The arbitrator is jointly selected and independent of the parties
      • Arbitration proceeding must be held no later than 45 days or 30 days after the appointment by the CNCS
      • Decision must be made by arbitrator within 30 days after the arbitration proceedings begin
      • The cost of arbitration must be divided evenly by the parties, unless the member prevails
      • If member prevails, the program will pay the total cost of the proceeding and the member’s attorney’s fees
    • Suspension of placement. If a grievance is filed regarding a proposed placement of a participant, such placement must not be made unless the placement is consistent with the resolution of the grievance.
    • Suspension of service. Pending resolution of grievance filed due to release for cause, member’s service is suspended.
  • Grievance Form
  • Drug-Free Workplace Policy
  • Non-Discrimination Policy
  • Reasonable Accommodation Policy and Form

 

 

 

 

Printed from the website on July 01, 2022 at 12:25am.