Md. Code Regs. 09.12.43.21

Current through Register Vol. 51, No. 25, December 13, 2024

Section 09.12.43.21 - Complaints

A. A complaint concerning discrimination or other equal opportunity matter shall be submitted, processed, and resolved in accordance with the applicable provisions of COMAR 09.12.42.

B. Except for matters covered under this regulation, any controversy or difference arising under an apprenticeship agreement which cannot be adjusted locally, or which is not covered by a collective bargaining agreement, may be submitted by an apprentice or an authorized representative to the Council for review.

C. Matters covered by a collective bargaining agreement shall be submitted and processed in accordance with the procedures provided in the agreement.

D. The complaint shall:

(1) Be in writing;

(2) Be signed by the complainant or an authorized representative;

(3) State specific matters complained of, together with all relevant facts and circumstances;

(4) Include copies of all pertinent documents and correspondence; and

(5) Be submitted within 60 days of the final local decision.

E. Opinion of the Council.

(1) Based upon investigation of the matters submitted as may be found necessary and the record before it, the Council shall issue an opinion within 90 days after receipt of the complaint.

(2) During the 90-day period, the Director shall make a reasonable effort to obtain a satisfactory resolution between the parties involved.

(3) If the complaint is resolved by the Director during the 90-day period, the parties shall be notified that the case is closed.

(4) If an opinion is issued, copies shall be sent to all interested parties.

F. This regulation does not prohibit the apprentice from electing to resort to any forum or procedure, other than that of the registration agency, that may be available for the disposition of the complaint, or to institute appropriate court proceedings.

Md. Code Regs. 09.12.43.21

Regulations .21 adopted effective March 22, 1999 (26:6 Md. R. 484)