Lawriter - OAC - 5101:11-6-02 Complaint process.

5101:11-6-02 Complaint process.

(A) Filing of complaints. Complaints alleging non-compliance with any rule under division 5101:11 of the Administrative Code, may be submitted to the council office in the following manner.

(1) An apprentice or his/her authorized representative may submit any complaint regarding violation of an equal opportunity (EEO) requirement under rule 5101:11-4-01 or Chapter 5101:11-5 of the Administrative Code. In the same manner, a complaint regarding any other violation of division 5101:11 of the Administrative Code may be submitted, provided that it cannot be resolved under the program standards' dispute resolution process and that all appeal processes have been exhausted under any applicable collective bargaining agreement.

(2) To qualify for council office review the complaint must be in writing and signed by the complainant or his/her authorized representative.

(a) In matters concerning EEO, the complaint must be filed with the council office no later than one hundred eighty days from the date of the latest alleged violation, or in the case of a complaint filed first with a review body established by the sponsor under rule 5101:11-5-01 of the Administrative Code, thirty days from that body's final decision, whichever date is later. The time may be extended by the council office for good cause shown. The complaint 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 alleged failure to apply the EEO requirements.

(b) In matters concerning other violations of division 5101:11 of the Administrative Code, the complaint must be submitted to the council office within sixty days of the final action available under the program standards' resolution process and the process, if any, provided by a collective bargaining agreement. The complaint shall be specific, shall include all relevant facts and circumstances, and be accompanied by copies of all pertinent documents and correspondence.

(B) Complaint investigations. When the council office receives a complaint suggesting a violation under division 5101:11 of the Administrative Code, it shall proceed as follows:

(1) Within ninety days after receiving a complaint that does not concern EEO, the council office shall investigate whether a rules violation has occurred, based on the record before it and such additional information as it deems necessary to obtain. During that period, the council office will work with the sponsor to achieve corrective action.

(2) For complaints alleging an EEO violation, the following procedures will be followed:

(a) The council office shall refer the complaint to the sponsor-designated review body, if one exists, unless the complainant has requested that it not do so or the council office determines that the review body will not effectively enforce the EEO requirements.

(b) The council office shall, within thirty days following its referral of a complaint to a review body, obtain a report 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 EEO requirements, the case shall be closed and the parties appropriately informed.

(c) When a complaint filed with a review body has not been resolved by that body within ninety days or where, despite resolution of the complaint by the review body, there is evidence that the program's practices are not in accordance with EEO requirements, the council office, or by mutual agreement the office of apprenticeship, may conduct such compliance review as found necessary, and the council office will take all necessary steps to resolve the complaint.

(d) Where no review body exists, or for reasons under paragraph (B)(2)(a) of this rule, a review body is not used, the council office will 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 EEO requirements, as the circumstances warrant.

(C) Public notice of complaint procedures. Sponsors shall provide written notice of the complaint procedures described in paragraphs (A) and (B) of this rule, to all apprentices and all applicants for apprenticeship.

Replaces: part of 5101:11-5-01

Effective: 08/07/2014
R.C. 119.032 review dates: 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03 , 4139.05
Prior Effective Dates: 10/8/71, 10/13/78, 11/23/98, 3/22/04, 6/6/09