(a) Filing. (1) Any apprentice or applicant for apprenticeship who
believes that he or she has been discriminated against on the basis of
race, color, religion, national origin, or sex with regard to
apprenticeship or that the equal opportunity standards with respect to
his or her selection have not been followed in the operation of an
apprenticeship program may, personally or through an authorized
representative, file a complaint with the Department, or, at the
apprentice's or applicant's election, with a private review body
established pursuant to paragraph (a)(3) of this section. The complaint
shall be in writing and shall be signed by the complainant. It must
include the name, address and telephone number of the person allegedly
discriminated against, the program sponsor involved, and a brief
description of the circumstances of the failure to apply the equal
opportunity standards provided for in this part.
(2) The complaint must be filed not later than 180 days from the
date of the alleged discrimination or specified failure to follow the
equal opportunity
standards; and, in the case of complaints filed directly with review
bodies designated by program sponsors to review such complaints, any
referral of such complaint by the complainant to the Department must
occur within the time limitation stated above or 30 days from the final
decision of such review body, whichever is later. The time may be
extended by the Department for good cause shown.
(3) Sponsors are encouraged to establish fair, speedy, and effective
procedures for a review body to consider complaints of failure to follow
the equal opportunity standards. A private review body established by
the program sponsor for this purpose should number three or more
responsible persons from the community serving in this capacity without
compensation. Members of the review body should not be directly
associated with the administration of an apprenticeship program.
Sponsors may join together in establishing a review body to serve the
needs of programs within the community.
(b) Processing of complaints. (1)(i) When the sponsor has designated
a review body for reviewing complaints, the Department, unless the
complainant has indicated otherwise or unless the Department has
determined that the review body will not effectively enforce the equal
opportunity standards, shall upon receiving a complaint refer it to the
review body.
(ii) The Department shall, within 30 days following the referral of
a complaint to the review body, obtain reports from the complainant and
the review body as to the disposition of the complaint. If the complaint
has been satisfactorily adjusted and there is no other indication of
failure to apply equal opportunity standards, the case shall be closed
and the parties appropriately informed.
(iii) When a complaint has not been resolved by the review body
within 90 days or where, despite satisfactory resolution of the
particular complaint by the review body, there is evidence that equal
opportunity practices of the apprenticeship program are not in
accordance with this part, the Department may conduct such compliance
review as found necessary, and will take all necessary steps to resolve
the complaint.
(2) Where no review body exists, the Department may conduct such
compliance review as found necessary in order to determine the facts of
the complaint, and obtain such other information relating to compliance
with these regulations as the circumstances warrant.
(3) Sponsors shall provide written notice of the above complaint
procedure to all applicants for apprenticeship and all apprentices.
(Approved by the Office of Management and Budget under control number
1205-0224)
[43 FR 20760, May 12, 1978, as amended at 49 FR 18295, Apr. 30, 1984]
