Section DWD 295.20 - Enforcement of indenture agreements(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.(5) APPROPRIATE SUBJECT MATTER. (a) The department shall hold a hearing if a timely request is made under sub. (3) on any complaint alleging that the provisions of the apprentice contract are not being complied with by a party to the contract. The department may not hold a hearing on complaints which consist of matters which are unrelated to the provisions of the apprentice contract.(b) Examples of violations of the apprentice contract which may be appropriate subject matter for a hearing on a complaint to the department under this chapter may include any of the following:1. That the employer or other party to the apprentice contract has not provided to the apprentice the proper on-the-job learning as required in the apprentice contract.2. That the employer or other party to the apprentice contract has failed to provide to the apprentice the proper related instruction as required in the apprentice contract.3. That the employer or other party to the apprentice contract has assigned the apprentice to perform job duties which do not provide the proper on-the-job learning as required in the apprentice contract.4. That the employer or other party to the apprentice contract has failed to pay the wages as required in the apprentice contract.5. That the apprentice is not satisfactorily progressing in the on-the-job learning or related instruction required under the apprentice contract.(c) Examples of matters which are unrelated to the provisions of the apprentice contract which are not appropriate subjects for a hearing by the department under this chapter may include any of the following: 1. Employee absenteeism or tardiness at work or school.2. Employee use of drugs or alcohol on the job at work or school.4. Refusal to perform work as assigned.5. Employee violations of the employer's printed work rules.(d) If the department's investigation reveals that the dispute between the apprentice and the employer or other party to the apprentice contract is unrelated to the provisions of the apprentice contract, the department may cancel the apprentice contract.(6) HEARING PROCEDURES. (a) When the department sets a date for a hearing, it shall notify each party to the apprentice contract at least 20 days prior to the date of the hearing.(b) The person appointed by the department as the hearing examiner may not be any person who has participated in an initial investigation of the complaint.(c) The hearing examiner shall limit the hearing to the appropriate subject matter under sub. (5).(d) The person making the complaint shall present evidence at the hearing to support the allegations in the complaint. If the person making the complaint fails to appear at the hearing without good cause or refuses to present evidence to support the allegations in the complaint, the hearing examiner may dismiss the complaint.(e) The hearing examiner is not bound by the strict statutory or common law rules of evidence. Evidence shall be admitted as provided in s. 227.45, Stats.(f) The hearing shall be transcribed. Any party may obtain a copy of the transcript by purchasing a copy from the transcription agency.(g) At the conclusion of the hearing, the hearing examiner shall make written findings and orders and serve them upon the parties. The hearing examiner may make orders to enforce the apprentice contract, order penalties as provided in s. 106.01, Stats., cancel the apprentice agreement, or dismiss the complaint.(h) If the hearing examiner finds that a penalty as provided in s. 106.01, Stats., is appropriate, the department may request the attorney general to seek a court order directing the party to pay the penalty. If any party fails to comply with an order of the hearing examiner, the department may request the attorney general to seek enforcement of the order or penalty in the circuit court.(i) The decision of the hearing examiner is the final order of the department. Any party may seek judicial review of an order of the hearing examiner, as provided in ch. 227, Stats.(7) CANCELLATION. This section does not apply to the request of either party that an apprentice contract be cancelled during the probationary period specified in the apprentice contract.Wis. Admin. Code Department of Workforce Development DWD 295.20
Cr. Register, May, 1981, No.305, eff. 6-1-81; correction in (5) (e) made under s. 13.93(2m) (b) 7, Stats., Register, February, 1996, No. 482; CR 07-010: am. (1), (4) (a), (b), (c), and (d), (5) (a), (b), and (f) and (6), r. (2), r. and recr. (3), Register June 2007 No. 618, eff. 7-1-07; CR 10-073: am. (1), cr. (2), (3), renum (3), (4), (5), (6) to be (4), (5), (6), (7) and am. Register November 2010 No. 659, eff. 12-1-10; correction in (2) (title), (3) (title) made under s. 13.92(4) (b) 2, Stats., Register November 2010 No. 659.Amended by, CR 14-032: am. (4) (c) (intro.), (5) (b) (intro.), 1. to 4., (c) (intro.), 1. to 4. Register May 2015 No. 713, eff.6/1/2015