New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.13 - Complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person,
				  firm, corporation, association, labor organization, or public contracting
				  entity may file a written complaint alleging that a registered program is not
				  operating in accordance with article 23 of the Labor Law, of any provision of
				  this Part, or with the apprenticeship agreement. The commissioner shall
				  investigate such complaints, and resolve them in accordance with the provisions
				  of this Part.
(b) Any person, firm,
				  corporation, association, labor organization or public contracting entity may
				  file a written complaint alleging discrimination or other equal opportunity
				  violation in connection with a program. Such complaints shall be submitted,
				  processed, and resolved in accordance with the applicable provisions in Part
				  600 of this Title.
(c) Except for
				  matters covered under subdivision (b) 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
				  commissioner for review. Matters covered by a collective bargaining agreement
				  shall be determined in accordance with the terms of that agreement, and are not
				  subject to such review.
(d) A
				  complaint must be submitted in writing and signed by the complainant, or
				  his/her authorized representative. It shall set forth the specific matters
				  complained of, together with all relevant facts and circumstances. Copies of
				  all pertinent documents and correspondence shall accompany the
				  complaint.
(e) The commissioner
				  shall render a determination within 90 days after receipt of a complaint under
				  subdivision (c) of this section, based upon such investigation of the matters
				  submitted as he/she may find necessary. However, the commissioner may extend
				  the 90-day period during the pendency of an investigation of any alleged Labor
				  Law violation by the sponsor. During such 90-day period the commissioner 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. If the commissioner determines that sufficient cause does not exist for
				  deregistration, he/she shall dismiss the complaint. If the commissioner
				  determines that sufficient cause exists for deregistration, he/she shall
				  proceed in accordance with section
				  601.9(c) 
				  of this Part. Where a determination is rendered, copies of same shall be sent
				  to all interested parties.
(f) All
				  complaints shall be acknowledged within 10 business days of receipt. The
				  commissioner will conduct such investigation or make referrals of the matters
				  contained in the complaint as necessary in his/her sole discretion. Interested
				  parties will receive such updates on the status of the investigation as are
				  deemed appropriate. Should the investigation not be completed within 90 days,
				  the complainant will be updated on the status of the investigation.
(g) If the commissioner determines that
				  sufficient cause does not exist for deregistration or corrective action, he/she
				  shall dismiss the complaint. If the commissioner determines that sufficient
				  cause exists for deregistration he/she shall proceed in accordance with section
				  601.9(c) 
				  of this Part.
(h) Nothing in this
				  Part shall operate to prohibit an apprentice from electing to institute
				  appropriate court proceedings including relief afforded in accordance with
				  provisions of article 20-C of the Labor Law.