(a) This section is not applicable to any complaint concerning
discrimination or other equal opportunity matters; all such complaints
shall be submitted, processed and resolved in accordance with applicable
provisions in 29 CFR part 30, as amended, or applicable provisions of a
State Plan for Equal Employment Opportunity in Apprenticeship adopted
pursuant to 29 CFR part 30 and approved by the Department.
(b) Except for matters described in paragraph (a) of this section,
any controversy or difference arising under an apprenticeship agreement
which cannot be adjusted locally and which is not covered by a
collective bargaining agreement, may be submitted by an apprentice, or
his/her authorized representative, to the appropriate registration
authority, either Federal or State, which has registered and/or approved
the program in which the apprentice is enrolled, for review. Matters
covered by a collective bargaining agreement are not subject to such
review.
(c) The complaint, in writing and signed by the complainant, or
authorized representative, shall be submitted within 60 days of the
final local decision. It shall set forth the specific matter(s)
complained of, together with all relevant facts and circumstances.
Copies of all pertinent documents and correspondence shall accompany the
complaint.
(d) The Bureau or recognized State Apprenticeship Agency, as
appropriate, shall render an opinion within 90 days after receipt of the
complaint, based upon such investigation of the matters submitted as may
be found necessary, and the record before it. During the 90-day period,
the Bureau or State agency shall make reasonable efforts to effect a
satisfactory resolution between the parties involved. If so resolved,
the parties shall be notified that the case is closed. Where an opinion
is rendered, copies of same shall be sent to all interested parties.
(e) Nothing in this section shall be construed to require an
apprentice to
use the review procedure set forth in this section.
(f) A State Apprenticeship Agency may adopt a complaint review
procedure differing in detail from that given in this section provided
it is proposed and has been approved in the recognition of the State
Apprenticeship Agency accorded by the Bureau.
