Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.20 - Enforcement of indenture agreements

Current through June 24, 2024
(1) COMPLAINTS. The
				department may accept complaints arising under an apprentice contract which
				cannot be adjusted locally alleging that an apprentice contract entered into
				under ch. 106, Stats., is not being complied with by another party to the
				agreement. This section does not apply to any complaint concerning
				discrimination or other equal opportunity issues covered by ch. DWD 296, or
				subject matter covered by a collective bargaining agreement.
(2) REQUIREMENTS. The complaint shall be in
				writing and signed by the complainant, or authorized representative, and shall
				be submitted within 20 days of the final local decision. It shall set forth the
				specific matters complained of, together with relevant facts and circumstances.
				Copies of pertinent documents and correspondence shall accompany the
				complaint.
(3) INITIAL PROCEDURE.
				The department, 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 department 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 shall be sent to all interested parties. Nothing in this
				section precludes an apprentice from pursuing any other remedy authorized under
				another federal, state, or local law.
(4) NOTICE.
(a)
Notice of intent to
				cancel.
If any party to the apprentice contract requests that the
				department cancel the contract, the department shall send a written notice of
				intent to cancel to the complainant and the other party or parties. The notice
				shall state that the apprentice contract will be cancelled 20 days from the
				date of the notice, unless the department receives a written objection from any
				party within the 20-day period. An objection shall be on the form provided by
				the department with the notice.
(b)
No objection to cancellation.
If no party to the apprentice
				contract objects by the expiration of the 20-day period in the notice of intent
				to cancel, the apprentice contract is cancelled effective the date of the
				cancellation notice under par. (d).
(c)
Timely objection.
If the
				department receives an objection within the 20-day period provided in the
				notice of intent to cancel, all of the following provisions apply:
1. The apprentice contract shall remain in
				the status it is in at the time that the department receives the objection,
				until the department cancels the apprentice contract under par. (d).
2. The department shall determine whether the
				information provided by the complainant and the objecting party supports the
				complainant's allegation that another party is not complying with the terms of
				the apprentice contract and whether the apprentice contract should be
				cancelled. If the information provided is unclear or incomplete, the department
				shall investigate further.
3. If
				the department determines that the apprentice contract should be cancelled, the
				department shall send a cancellation notice under par. (d) and the apprentice
				contract is cancelled effective the date of the notice. If the department
				determines that the apprentice contract should not be cancelled, the department
				shall rescind the intent to cancel notice.
(d)
Cancellation notice.
If
				the apprentice contract is cancelled, the department shall send a written
				cancellation notice to the parties. Any party who objects may make a request
				for a hearing within 20 days from the date of the notice.