reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-11 - Invitation to self-identify as an individual with a disability

Current through 2024-29, July 17, 2024
a.
Pre-Offer.
1. A sponsor adopting an affirmative action
				program pursuant to section 2.4 must invite applicants for apprenticeship to
				inform the sponsor whether the applicant believes that that he or she is an
				individual with a disability as defined in 2.2. This invitation must be
				provided to each applicant when the applicant applies or is considered for
				apprenticeship. The invitation may be included with the application materials
				for apprenticeship, but must be separate from the application.
2. The sponsor must invite an applicant to
				self-identify as required in paragraph (a) of this section using the language
				and manner prescribed by the Administrator and published on the OA Web
				site.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-12 - Recordkeeping

Current through 2024-29, July 17, 2024
a.
General
				obligation
.
Each sponsor must collect such
				data and maintain such records as the Maine Apprenticeship Program finds
				necessary to determine whether the sponsor has complied or is complying with
				the requirements of this part. Such records must include, but are not limited
				to records relating to:
1. Selection for
				apprenticeship, including applications, tests and test results, interview
				notes, bases for selection or rejection, and any other records required to be
				maintained under UGESP;
2. The
				invitation to self-identify as an individual with a disability;
3. Information relative to the operation of
				the apprenticeship program, including but not limited to job assignments in all
				components of the occupation as required under Federal regulations §
				29.5(b)(3), promotion, demotion, transfer, layoff, termination, rates of pay,
				other forms of compensation, conditions of work, hours of work, hours of
				training provided, and any other personnel records relevant to EEO complaints
				filed with the Maine Apprenticeship Program under section 2.14 of this Chapter,
				or with other enforcement agencies;
4. Compliance with the requirements of
				section 2.3 of this Chapter;
5.
				Requests for reasonable accommodation; and 6. Any other records pertinent to a
				determination of compliance with these regulations, as may be required by the
				Maine Apprenticeship Program.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-13 - Equal employment opportunity compliance reviews

Current through 2024-29, July 17, 2024
a.
Conduct of compliance
				reviews
.
The Maine Apprenticeship Program will
				regularly conduct EEO compliance reviews to determine if the sponsor maintains
				compliance with this part, and will also conduct EEO compliance reviews when
				circumstances so warrant. An EEO compliance review may consist of, but is not
				limited to, comprehensive analyses and evaluations of each aspect of the
				apprenticeship program through off-site reviews, such as desk audits of records
				submitted to the Maine Apprenticeship Program, and on-site reviews conducted at
				the sponsor's establishment that may involve examination of records required
				under this part; inspection and copying of documents related to recordkeeping
				requirements of this part; and interviews with employees, apprentices, journey
				workers, supervisors, managers, and hiring officials.
b.
Notification of compliance
				review findings
.
Within 45 business days of
				completing an EEO compliance review, the Maine Apprenticeship Program must
				present a written Notice of Compliance Review Findings to the sponsor's contact
				person through registered or certified mail, with return receipt requested. If
				the compliance review indicates a failure to comply with this part, the Maine
				Apprenticeship Program will so inform the sponsor in the Notice and will set
				forth in the Notice the following:
1. The
				deficiency(ies) identified;
2. How
				to remedy the deficiency(ies);
3.
				The timeframe within which the deficiency(ies) must be corrected; and
4. Enforcement actions may be undertaken if
				compliance is not achieved within the required timeframe.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-14 - Complaints

Current through 2024-29, July 17, 2024
a.
Requirements for individuals
				filing complaints
1.
Who may file.
Any individual who believes that he or she has
				been or is being discriminated against on the basis of race, color, religion,
				national origin, sex, sexual orientation, age (40 or older), genetic
				information, or disability with regard to apprenticeship, or who believes he or
				she has been retaliated against as described in section 2.17, may, personally
				or through an authorized representative, file a written complaint with the
				Maine Apprenticeship Program with whom the apprenticeship program is
				registered.
2.
Time period
				for filing a complaint.
Generally, a complaint must be filed within
				300 days of the alleged discrimination or specified failure to follow the equal
				opportunity standards. However, for good cause shown, the Maine Apprenticeship
				Program may extend the filing time. The time period for filing is for the
				administrative convenience of the Maine Apprenticeship Program and does not
				create a defense for the respondent.
3.
Contents of the
				complaint.
Each complaint must be made in writing and must contain the
				following information:
i. The complainant's
				name, address and telephone number, or other means for contacting the
				complainant;
ii. The identity of
				the respondent (the individual or entity that the complainant alleges is
				responsible for the discrimination);
iii. A short description of the events that
				the complainant believes were discriminatory, including but not limited to when
				the events took place, what occurred, and why complainant believes the actions
				were discriminatory (for example, because of his or her race, color, religion,
				sex, sexual orientation, national origin, age (40 or older), genetic
				information, or disability).
iv.
				The complainant's signature or the signature of the complainant's authorized
				representative.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-15 - Enforcement Actions

Current through 2024-29, July 17, 2024
Where the Maine Apprenticeship Program, as a result of a
				  compliance review, complaint investigation, or other reason, determines that
				  the sponsor is not operating its apprenticeship program in accordance with this
				  part, it must notify the sponsor in writing of the specific violation(s)
				  identified and may:
a. Offer the
				sponsor technical assistance to promote compliance with this part.
b. Suspend the sponsor's right to register
				new apprentices if the sponsor fails to implement a compliance action plan to
				correct the specific violation(s) identified within 30 business days from the
				date the sponsor is so notified of the violation(s), or, if the sponsor submits
				a written response to the findings of noncompliance, fails to implement a
				compliance action plan within 30 days of receiving the Maine Apprenticeship
				Program's notice upholding its initial noncompliance findings. If the sponsor
				has not implemented a compliance action plan within 30 business days of
				notification of suspension, the Maine Apprenticeship Program may institute
				proceedings to deregister the program in accordance with the deregistration
				proceedings set forth in MRS Title 26, § 3206, or if the Maine
				Apprenticeship Program does not institute such proceedings within 45 days of
				the start of the suspension, the suspension is lifted.
c. Take any other action authorized by law.
				These other actions may include, but are not limited to:
1. Referral to the EEOC;
2. Referral to the Maine Human Rights
				Commission; or 3. Referral to the Department's OFCCP.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-16 - Reinstatement of program registration

Current through 2024-29, July 17, 2024
An apprenticeship program that has been deregistered pursuant
				  to this Chapter may be reinstated by the Maine Apprenticeship Program upon
				  presentation of adequate evidence that the apprenticeship program is operating
				  in accordance with this Chapter.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-17 - Intimidation and retaliation prohibited

Current through 2024-29, July 17, 2024
a. A
				participant in an apprenticeship program may not be intimidated, threatened,
				coerced, retaliated against, or discriminated against because the individual
				has:
1. Filed a complaint alleging a
				violation of this part;
2. Opposed
				a practice prohibited by the provisions of this part or any other Federal or
				State equal opportunity law;
3.
				Furnished information to, or assisted or participated in any manner, in any
				investigation, compliance review, proceeding, or hearing under this part or any
				Federal or State equal opportunity law; or 4. Otherwise exercised any rights
				and privileges under the provisions of this part.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-18 - Maine Apprenticeship Program as State Apprenticeship Agency

Current through 2024-29, July 17, 2024
a.
State Plan
1. Unless an extension for good cause is
				sought and granted by the administrator of the USDOL Office of Apprenticeship
				Administrator, the Maine Apprenticeship Program submits this Chapter as
				documentation of its Apprenticeship EEO plan:
2. The Maine apprenticeship Program will seek
				to obtain the Administrator's written concurrence with any subsequent
				modifications to this Chapter (EEO plan), as required by
				29 CFR
				29.13(b)(9).
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-19 - Exemptions

Current through 2024-29, July 17, 2024
Requests for exemption from these regulations, or any part
				  thereof, must be made in writing to the Maine Apprenticeship Program and must
				  contain a statement of reasons supporting the request. Exemptions may be
				  granted for good cause by the Maine Apprenticeship Program. The Maine
				  Apprenticeship Program must receive approval to grant an exemption from the
				  Administrator of the Office of Apprenticeship prior to granting an exemption
				  from these regulations.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-20 - Effective Date

Current through 2024-29, July 17, 2024
This Chapter (EEO Plan) shall be effective the date that the
				  Federal Office of Apprenticeship approves the plan.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.1 - Purpose and Scope

Current through 2024-29, July 17, 2024
A. Title 26,
				Chapter 37, §
									3202 authorizes and directs the Maine
				Apprenticeship Program to formulate and promote the labor standards necessary
				to safeguard the welfare of pre-apprentices by requiring the inclusion of the
				standards in contracts of pre-apprenticeship.
B. The purpose of this regulation is to set
				forth labor standards to safeguard the welfare of pre-apprentices, by
				prescribing rules and regulations concerning the certification of acceptable,
				high-quality pre-apprenticeship programs. These labor standards, rules and
				regulations cover the certification, termination, and decertification of
				pre-apprenticeship programs and of pre-apprenticeship agreements, and matters
				relating thereto. The Maine Apprenticeship Program shall assist the Department
				of Education, the State's Community Colleges, and other groups in establishing
				pre-apprenticeship training programs, and in developing training courses, the
				successful completion of which will enable a participant to meet the qualifying
				standards for the registered apprenticeship or apprenticeships for which the
				participant has expressed a serious interest. All certified pre-apprenticeship
				training programs are subject to approval by the Maine Apprenticeship
				Program.
C. The provisions of this
				regulation shall apply to a person, firm, corporation, or craft only after such
				person, firm, corporation, or craft has voluntarily elected to conform to these
				provisions.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.3 - Procedure for Maine Pre-Apprenticeship Program Certification

Current through 2024-29, July 17, 2024
A. The pre-apprenticeship sponsor in
				collaboration with an education provider, group joint or non-joint
				apprenticeship training council, intermediary sponsor, sponsor, or a signatory
				employer shall submit the following to the Maine Apprenticeship Program:
1. A partnership agreement that includes
				arrangements for facilitated entry of graduates of pre-apprenticeship training
				program with at least one registered apprenticeship program.
2. A proposed Memorandum of Agreement, on a
				form provided by the Bureau; that outlines how each partner agrees to support
				the pre-apprenticeship program and details how the certified pre-apprentices
				will be prepared to meet/exceed the minimum qualifications and prepares
				applicants for success in the registered apprenticeship program.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.4 - Eligibility and Standards for Maine Pre-Apprenticeship Program Certification

Current through 2024-29, July 17, 2024
To be eligible for certification as a pre-apprenticeship
				  program, the pre-apprenticeship sponsor must:
A. Meet the requirements of Sec.
				12. 26 M.R.S. §
									3213.
B. Conform to the U.S. Department of Labor's
				Training and Employment Notice Number 13-12 and to other standards identified
				by the United States Department of Labor for a quality framework for
				pre-apprenticeship.
C. Comply with
				state and federal law regarding equal employment opportunity in apprenticeship
				and training. The certified pre-apprenticeship Memorandums of Agreement must
				include the following statement:
[Name of pre-apprenticeship sponsor
				and education provider] will not discriminate against pre-apprenticeship
				applicants or pre-apprentices based on race, color, religion, national origin,
				sex (including pregnancy and gender identity), sexual orientation, genetic
				information, or because they are an individual with a disability or a person 40
				years old or older. [Name of pre-apprenticeship sponsor and education provider]
				will take affirmative action to provide equal opportunity in
				pre-apprenticeship.
D.
				Include an outreach plan to increase registered apprenticeship opportunities
				for underrepresented, disadvantaged, or low-skilled individuals and members of
				historically marginalized communities.
E. Have a training program and curriculum
				based on industry standards and approved by the documented Registered
				Apprenticeship Program(s) and the Maine Apprenticeship Program, upon
				recommendation by the Maine Apprenticeship Council, that will prepare
				individuals with the skills and competencies needed to enter one or more
				registered apprenticeship program(s).
F. Typically feature a classroom and/or lab
				setting, but may also involve work-site visits, job-shadowing, on-the job
				learning or other activities outside the classroom facility, to provide
				exposure to the work environment for the targeted occupation(s). The model for
				pre-apprenticeship training varies depending on the targeted group recruited
				for training.
G. Include workplace
				safety training such as OSHA 10 or other comparable safety training determined
				by industry as standard.
H.
				Pre-apprentices shall be not less than sixteen years of age, except for a
				higher age requirement which the Maine Bureau of Labor Standards has determined
				applicable in accordance with the federal child labor provisions of the Fair
				Labor Standards Act and 26 M.R.S. §§
									771-786.
I. Limit the duration of the
				pre-apprenticeship program to not more than 6-months, except for programs in
				secondary educational institutions or prisons which are limited to no more than
				a span of 2 calendar years.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.5 - Criteria for Pre-Apprenticeable Occupations

Current through 2024-29, July 17, 2024
A pre-apprenticeable occupation is one which is specified by
				  the industry and possesses all the following characteristics:
A. Is customarily learned in a practical way
				through a structured systematic program of on-the-job supervised
				training.
B. It is clearly
				identified and commonly recognized throughout an industry.
C. It involves manual, mechanical, or
				technical skills and knowledge which require a minimum number of on-the-job
				learning hours to attain; and
D. It
				requires related classroom instruction to enhance and supplement the on-the-job
				training.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.6 - Pre-Apprenticeship Agreement

Current through 2024-29, July 17, 2024
A pre-apprentice must enter into a written pre-apprenticeship
				  agreement with the certified pre-apprenticeship sponsor. The pre-apprenticeship
				  agreement shall contain explicitly or by reference:
A. Name and signature of the following: the
				pre-apprentice, certified pre-apprenticeship sponsor, the signature of a parent
				or guardian if the pre-apprentice is a minor, and as appropriate, the education
				provider
B. The date of birth of
				pre-apprentice.
C. Name and address
				of the pre-apprenticeship sponsor and certification agency (Maine
				Apprenticeship Program).
D. A
				statement of the occupation(s), trade(s) or craft(s) in which the
				pre-apprentice is to be trained and the beginning date and term of the
				certified pre-apprenticeship.
F. A
				statement setting forth a schedule of the work processes including on the job
				training and/or classroom training in the occupation(s), trade(s) or craft(s)
				which the pre-apprentice is to be taught and the approximate time to be spent
				in on the job and classroom training.
G. As applicable, a statement of the wages to
				be paid the pre-apprentice.
H.
				Statements providing:
1. That the agreement
				may be terminated at the request of the pre-apprentice, or may be suspended, or
				terminated by the certified pre-apprenticeship sponsor, for good cause, with
				due notice to the pre-apprentice and a reasonable opportunity for corrective
				action, and with written notice to the pre-apprentice and to the Maine
				Apprenticeship Program of the final action taken;
2. That the pre-apprentice will be accorded
				equal opportunity in all phases of pre-apprenticeship employment and training,
				without discrimination against pre-apprenticeship applicants or pre-apprentices
				based on race, color, religion, national origin, sex (including pregnancy and
				gender identity), sexual orientation, genetic information, or because they are
				an individual with a disability or a person 40 years old or older.
3. The name and address of the appropriate
				authority, if any, designated under the program, to receive, process and make
				disposition of controversies or differences arising out of the
				pre-apprenticeship agreement; any such controversies and differences which
				cannot be amicably settled by the parties may be submitted to the Maine
				Apprenticeship Program for a final decision.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.7 - Decertification of a Certified Pre-Apprenticeship Program

Current through 2024-29, July 17, 2024
The Maine Apprenticeship Program may decertify a
				  pre-apprenticeship training program upon a finding of reasonable cause or by
				  request of the program. Formal decertification proceedings will be conducted in
				  accordance with the-provisions of this regulation.
A. Request by Memorandum of Agreement
				Signatory. The Maine Apprenticeship Program may cancel the certification of a
				pre-apprenticeship program by a written acknowledgment of such request stating,
				but not limited to, the following:
1. The
				certification of a pre-apprenticeship training program is canceled at the
				request of a signatory pre-apprenticeship sponsor and/or education provider who
				has signed the Memorandum of Agreement, and giving the effective date of such
				cancellation; and
2. That, within
				15 workdays of the date of the acknowledgment, the certified pre-apprenticeship
				sponsor must notify all pre-apprentices of such cancellation and the effective
				date; that such cancellation automatically deprives the pre-apprentice of
				his/her individual registration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.8 - Hearings

Current through 2024-29, July 17, 2024
A. The Director of the Bureau of Employment
				Services shall be the Presiding Officer for any hearing in accordance with this
				Rule.
B. Notice of hearings to be
				held by the Bureau Director shall be given as follows:
1. Within 10 working days of receipt of a
				request for a hearing, notice will be given by registered mail, return receipt
				requested, to the person or persons whose legal rights, duties or privileges
				are at issue, sufficiently in advance of the hearing date to afford an adequate
				opportunity to prepare and submit evidence and argument.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.9 - Advisory Rulings

Current through 2024-29, July 17, 2024
A. Advisory rulings
				may be made with respect to the applicability of any statute or rule
				administered by the Maine Apprenticeship Program to an interested person or
				their property or actual state of facts.
B. An interested person means any
				pre-apprentice or certified pre-apprenticeship sponsor over whom the Maine
				Apprenticeship Program has authority to inspect and enforce its safety
				standards.
C. All requests for
				advisory rulings shall be made in writing and submitted to the Director of
				Apprenticeship, Bureau of Employment Services, State House Station #55,
				Augusta, ME 04333-0055. Such requests shall state the facts and statutes or
				rules on which the ruling is requested.
D. The Director of Apprenticeship may request
				from any person seeking an advisory ruling any additional information that is
				necessary. Failure to supply such additional information shall be cause for the
				Director of Apprenticeship to decline to issue an advisory ruling.
E. The Director of Apprenticeship may decline
				to issue an advisory ruling if a citation or penalty has been issued against
				the person requesting the ruling on the same factual grounds. The Director of
				Apprenticeship may also decline to issue an advisory ruling if such ruling may
				harm the Bureau of Employment Services or the Department of Labor's interest in
				any litigation in which it is or may be a party.
F. All advisory rulings shall be issued, in
				writing no later than 30 days from the date all information necessary to make a
				ruling has been received by the Director of Apprenticeship.
G. No advisory ruling shall be binding upon
				the Director of Apprenticeship, Bureau Director or the Maine Department of
				Labor provided that in any subsequent enforcement action initiated by the
				Director of Apprenticeship, any person's reliance on such a ruling shall be
				considered in mitigation of any penalty sought to be assessed.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.10 - Reinstatement of Program Certification

Current through 2024-29, July 17, 2024
Any certified pre-apprenticeship program decertified
				  pursuant to Chapter 37 and this regulation, may be reinstated upon presentation
				  of adequate evidence that the pre-apprenticeship program is operating in
				  accordance with Chapter 37 and this regulation. Such evidence shall be
				  presented to the Maine Apprenticeship Program, if an order of deregistration
				  was entered pursuant to a hearing.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS › Section 181-3-1.11 - Complaints

Current through 2024-29, July 17, 2024
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
				State or Federal Equal Opportunity Laws.
B. Any controversy or differences arising
				under a pre-apprenticeship agreement which cannot be resolved locally, or which
				is not covered by a collective bargaining agreement, may be submitted by a
				pre-apprentice or his/her authorized representative to the Director of
				Apprenticeship 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 Director of Apprenticeship 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 Maine Apprenticeship Program
				shall make reasonable efforts to affect a satisfactory resolution between the
				parties involved. If so resolved, the parties shall be notified that the case
				is closed. Where a decision is rendered, copies of the decision shall be sent
				to all interested parties which shall be final.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-1 - Effective Date

Current through 2024-29, July 17, 2024
The rules of the State Board of Arbitration and Conciliation
				  (Board) contained in Chapter 1 are effective as of July 1, 2023. All actions
				  pending as of that date are subject to these rules.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-2 - Applicability

Current through 2024-29, July 17, 2024
The rules in this chapter apply to parties who have agreed to
				  utilize the Board's services as a board of inquiry or a board of conciliation
				  in the private sector, as a fact finding panel in the public sector, or as a
				  board of arbitration in either the public or private sector.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-3 - Fees and Expenses

Current through 2024-29, July 17, 2024
The parties are required to share the costs for services
				  rendered and expenses incurred by the Board and any state cost allocation
				  program charges. The executive director may estimate costs upon receipt of a
				  request for services and collect those costs prior to providing the services.
				  The executive director shall bill or reimburse the parties, as appropriate, for
				  any difference between the estimated costs that were collected and the actual
				  costs of providing the services. Once one party has paid its share of the
				  estimated cost of providing the service, the matter will be
				  scheduled.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-4 - Executive Director

Current through 2024-29, July 17, 2024
The executive director is the Executive Director of the Maine
				  Labor Relations Board. Whenever a rule refers to the executive director, the
				  action or responsibility may be delegated to the executive director's
				  designee.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-6 - Computation of Time Periods

Current through 2024-29, July 17, 2024
In computing any period of time prescribed or allowed by
				  these rules or by any applicable statute, the day of the act or event after
				  which the designated period of time begins to run is not included. The last day
				  of the period is included, unless it is a Saturday, a Sunday, or a legal
				  holiday, in which event the period runs until the end of the next day which is
				  not a Saturday, a Sunday, or a legal holiday.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-7 - Filing

Current through 2024-29, July 17, 2024
1.
Electronic
				Filing Required
. Except as provided in subsection
				4, all correspondence and any other
				documents filed with the Board shall be filed electronically via internet
				transmission to the Board's general email address, sbac@maine.gov, in the
				manner provided for in this section.
2.
Electronic Filing Procedure
.
				All documents filed electronically must be filed pursuant to the following
				procedure.
A. The filing shall include an
				email correspondence to the Board that identifies the name of the person or
				representative making the filing and the name of the party in whose name the
				document is being filed.
B.
				Documents filed electronically must be in Microsoft Word® or PDF format and
				must be capable of being readily printed or otherwise reproduced clearly and
				legibly on paper 8 and 1/2 inches by 11 inches in size. Documents for filing
				must be included as an attachment to the email required in paragraph
				A.
C. When a signature is required
				for a document to be filed with the Board, the document must either be signed
				by hand and scanned as a PDF file or must be signed electronically in the
				following format: "/s/ [signatory's name]."
D. Documents submitted to the individual
				email addresses of Board members, the executive director or other staff members
				shall be deemed not filed.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-8 - Service Upon A Party

Current through 2024-29, July 17, 2024
1.
Methods of
				Service
. A paper is served upon a party when it is mailed to the party
				or the party's attorney, or delivered by hand delivery or delivery service to
				the recipient or the recipient's office. A paper may also be served
				electronically, in accordance with subsection
				2.
2.
Electronic Service
. Except in
				the case of service of a BAC Form 1 or subpoena, whenever a rule requires that
				a party serve a copy of a document on another party, service may be effected
				exclusively by email.
For service of an Arbitration Request Form (BAC Form 1) and
				  accompanying pertinent documents, service will be considered complete on the
				  date that service was provided to the other party by email, so long as service
				  by mail, hand delivery or delivery service occurred on the same calendar
				  day.
3.
Certificate of
				Service
. Whenever a rule requires that a party serve a copy of a
				document on another party, the serving party may demonstrate compliance with
				the requirement of service by submitting to the Board a signed statement
				certifying service. The statement should include a written declaration of the
				names and addresses of the parties served and the date and manner of service.
				The following is an example of a statement certifying service: "I, _______,
				certify that on __________, I served a copy of this document on _______(name of
				party) by emailing/mailing/hand delivery/delivery via _____ delivery service
				(indicate which method), at the following address:______."
A properly completed Arbitration Request Form (BAC Form 1)
				  satisfies the certificate of service requirement. Proof of service such as a
				  certified mail return card is not required but will also satisfy this
				  requirement.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-9 - Official Transcripts

Current through 2024-29, July 17, 2024
A party to a Board hearing seeking to have the hearing
				  transcribed may, with prior approval of the Board, make arrangements for
				  transcription by a qualified court reporter and shall assume the costs of the
				  service. If such arrangements are made and a transcript is produced, a copy
				  must be furnished to the Board without cost and to the other parties upon
				  request and tender of the appropriate fee. If the transcript is agreed by the
				  parties to be or, in appropriate cases, determined by the Board to be the
				  official record of the proceeding, it must be made available to the other party
				  for inspection at a time and place determined by the Board.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-10 - Enlargement of Time Periods and Postponement of Proceedings

Current through 2024-29, July 17, 2024
When an act must be done within a specified time period or
				  if a proceeding has been scheduled, and, prior to the expiration of that period
				  or the date of the proceeding the Board receives a request for enlargement of
				  that time, the Board may in its discretion with or without motion or notice
				  enlarge that time period for good cause shown. Upon motion made after the
				  expiration of the specified period, the Board may extend the period where the
				  failure to act was the result of excusable neglect.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-11 - Witnesses and Subpoenas

Current through 2024-29, July 17, 2024
A party to a proceeding before the Board may request the
				  attendance of witnesses voluntarily or by subpoena. If witnesses or documents
				  are sought by subpoena, the requesting party must first make a written request
				  to the Board or presiding official for the issuance of the subpoena. When the
				  subpoena is issued, it is the responsibility of the requesting party to serve
				  the subpoena or cause it to be served on the named individual. When a witness
				  is subpoenaed, the witness fee and transportation allowance established by
				  16
				  M.R.S.A. section251 must be provided at the
				  time the subpoena is served. If the Board, on its own motion, requires the
				  attendance of witnesses through subpoenas, the Board will cause the subpoena to
				  be served on the named individual and will be responsible for paying the
				  required witness fee and transportation allowance.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-12 - Discovery

Current through 2024-29, July 17, 2024
Upon request of either party in a grievance arbitration
				  dispute pending before the Board and for good cause shown, the chair of the
				  panel assigned to hear the matter may issue a subpoena duces tecum, returnable
				  at such date, time and place in advance of the hearing as determined by the
				  chair, to secure copies of such relevant records and documents in the
				  possession of the other party as may be necessary for the prosecution of the
				  requesting party's case.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-13 - Rules Regarding Evidence

Current through 2024-29, July 17, 2024
The strict rules of evidence observed by courts do not apply
				  in matters before the Board. The following rules regarding evidence
				  apply:
1.
Evidence
The
				Board shall admit evidence if it is the kind upon which reasonable persons are
				accustomed to rely in the conduct of serious affairs. Irrelevant or unduly
				repetitive evidence may be excluded.
2.
Rules of Privilege.
The Board
				shall observe the rules of privilege recognized by law.
3.
Written Evidence; Exception.
No sworn written evidence shall be admitted unless the author is available for
				cross-examination or subject to subpoena, except for good cause
				shown.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-14 - Confidential Information

Current through 2024-29, July 17, 2024
When the Board is functioning as a board of inquiry or a
				  board of conciliation in the private sector, as a fact finding panel in the
				  public sector, or as a board of arbitration in either the public or private
				  sector, its proceedings are confidential and any information disclosed by
				  either party to a dispute to the Board or any of its members in carrying out
				  their duties shall be confidential, except as may be provided in 26 M.R.S.A.,
				  Chapter 9, Subchapter 2-A.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-15 - Official Notice

Current through 2024-29, July 17, 2024
The Board may take official notice of any facts of which
				  judicial notice could be taken, and may take official notice of technical or
				  scientific matters within their specialized knowledge. They may also take
				  official notice of statutes, regulations and nonconfidential agency records.
				  Parties will be notified of the Board's intention to take official notice and
				  will be afforded a reasonable opportunity to contest the substance or
				  materiality of the facts involved. Members of the Board may utilize their
				  experience, technical competence and specialized knowledge in evaluating the
				  evidence presented to them.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-16 - Rights of Parties

Current through 2024-29, July 17, 2024
Any party to the hearing shall have the right to be
				  represented by counsel or by other representative, at the party's expense, to
				  examine and cross-examine witnesses, and to offer documentary and other
				  evidence. Documentary and other evidence must be offered in 4 copies, unless
				  the executive director or Board permit the parties to submit evidence
				  electronically. Stipulations may be offered with respect to any issue. Parties
				  may request the issuance of subpoenas. The Board shall allow oral argument upon
				  request, and, after consultation with the parties, may require briefs to be
				  submitted. Any brief permitted to be filed must be filed in the original and 3
				  copies, unless the executive director or Board permit the parties to submit
				  briefs electronically. A copy of any brief filed with the Board must
				  simultaneously be served on all parties to the matter.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-17 - Ex Parte Communications Prohibited

Current through 2024-29, July 17, 2024
No party or other person(s) legally interested in the outcome
				  of a hearing may communicate
ex parte
either directly or
				  indirectly with the Board assigned to the case in connection with any issue of
				  fact, law or procedure except upon notice and opportunity for all parties to
				  participate. Discussions between each party and its respective partisan Board
				  member during conciliation or attempted conciliation, prior to convening the
				  hearing in an arbitration case, or such dialogue during interest fact-finding
				  do not constitute prohibited ex parte communications within the meaning and
				  intent of this rule.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-18 - Board Award

Current through 2024-29, July 17, 2024
After the close of the record in fact finding and arbitration
				  matters, the Board will issue an award within the time established by
				  applicable statute, rule or collective bargaining agreement, or, in the absence
				  of such controlling time limit, within a reasonable time. The parties may
				  extend the time in writing either before or after the expiration thereof. A
				  party waives the objection that an award was not made within the time required
				  unless that party notifies the Board of its objection prior to the delivery of
				  the award to that party. The opinion shall include findings of fact sufficient
				  to constitute the basis of the decision and record the vote of each member of
				  the Board. Any member of the Board may prepare a dissenting decision or a
				  decision concurring in part and dissenting in part and such separate decision
				  will be disseminated in the same manner as the majority decision. The Board
				  shall deliver the award to each party personally, or by certified mail, or in
				  the manner provided in the agreement to arbitrate.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-19 - Change of Award by Arbitrators

Current through 2024-29, July 17, 2024
Either party may file an application with the Board for
				  modification or correction of an award. Such application must be filed with the
				  Board within 20 days after delivery of the award to the applicant. The
				  applicant shall give notice of the application forthwith to the other party,
				  stating that such party must serve its objections thereto, if any, within 10
				  days from receipt of the notice. Upon review of the application and any
				  objections, the Board may modify or correct the award where there was an
				  evident miscalculation of figures, an evident mistake in the description of any
				  person, thing, or property referred to in the award, or the award is imperfect
				  in a matter of form, not affecting the merits of the controversy. Any award so
				  modified or corrected is subject to review as provided in the following
				  section.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-20 - Review of Arbitration Awards

Current through 2024-29, July 17, 2024
Either party may seek review by the Superior Court of a
				  binding determination by an arbitration panel. For grievance arbitrations, the
				  review must be sought pursuant to the provisions of the
Uniform
				  Arbitration Act,
14
				  M.R.S.A. sections5927-5949. For interest
				  arbitration decisions, the review must be sought in accordance with
Maine Rules of Civil Procedure,
Rule
				  80 B. The binding determination of the
				  Board is final on all questions of fact, in the absence of fraud. The Court
				  may, after consideration, affirm, reverse or modify any such binding decision
				  based upon an erroneous ruling or finding of law. An appeal may be taken to the
				  Law Court as in any civil action.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 1 - GENERAL RULES › Section 186-1-21 - Other Procedural Issues

Current through 2024-29, July 17, 2024
In the event that procedural issues arise that are not
				  addressed by the State Board of Arbitration and Conciliation Statute,
				  26
				  M.R.S.A. section931
et seq.,
or by the
Uniform Arbitration Act,
14
				  M.R.S.A. section5927
et
				  seq.,
the Board will look to the Labor Arbitration Rules promulgated
				  by the American Arbitration Association for guidance in resolving such
				  questions.