(A)Filing of complaints. A complaint
alleging non-compliance with any rule under division 5101:11 of the
Administrative Code, may be submitted to the council office by an apprentice or
his/her authorized representative. To qualify for council office action, the
complaint will need to meet the criteria stated in the public notice of
complaint procedure, as described by paragraph (B) of this rule.
(B)Public notice of complaint procedures.
Each sponsor is to provide written notice of the complaint procedures described
in this rule. The notice is to be: provided along with any forms used in
applications for apprenticeship; displayed in prominent, publicly available
locations where all apprentices will see it; and in every feasible way made
familiar to people involved or interested in the program. The notice is to
contain the following specific wording:
"Your Right to File a Complaint.
Registered Apprenticeship programs shall abide by all state rules in division
5101:11 of the Administrative Code. Under these rules and other legal codes,
discrimination is prohibited against an apprenticeship applicant or apprentice
based on Hispanic ethnicity, race, color, religion, national origin, sex
(including pregnancy and gender identity), sexual orientation, age over forty
years, genetic information, or disability. Registered program sponsors and
employers shall ensure equal opportunity (EEO) with regard to all terms,
conditions, and privileges associated with apprenticeship. If you think that
you have been subjected to, or have observed, any violation of state
apprenticeship rules, you may file a complaint with the apprenticeship council
office of the Ohio department of job and family services, care of [INSERT THE
NAME, OFFICE &/OR E-MAIL ADDRESS, AND PHONE NUMBER OF THE COUNCIL OFFICE
EMPLOYEE WHO IS RESPONSIBLE FOR RECEIVING COMPLAINTS]. To qualify for council
office review and response, the complaint is to meet the following
criteria:"
(1)"The following deadlines apply:
(a)In matters concerning EEO, the
complaint generally is to be filed with the council office no later than one
hundred eighty days from the date of the latest alleged violation. The deadline
may be extended by the council office for good cause shown. The designation of
this time frame for filing is for the council office's administrative
convenience and does not create a defense for the respondent against whom the
complaint is lodged.
(b)In matters not concerning EEO, the
complaint is to be submitted to the council office between one and sixty days
after final completion of all complaint resolution and appeals procedures that
are available under the program standards and, if applicable, a collective
bargaining agreement."
(2)"The complaint may be submitted as
a written, printed, or typed paper document; as the text of an e-message; or as
an e-mail attachment. It is to include the following information:
(a)The complainant's name, and reliable
contact information including as many of the following as possible: address,
e-mail address, and telephone number;
(b)A statement of whether the complainant
him/herself was affected by the violation, and if applicable, the count (one or
higher) of any other person(s) thought to be affected;
(c)In what capacity such individual(s)
would have been affected (e.g., as active apprentice(s), apprenticeship
applicant(s), etc.)
(d)The name, business address, and
telephone number of the program in which the violation allegedly occurred;
(e)A short description of the alleged
violation(s), including as much of the following as possible: a concise account
of each action perceived as violating a state rule; the date, time, and place
at which it occurred; the name (if available) and role (e.g., program director,
work manager, instructor, etc.) of anyone who committed the action; and why the
complainant believes that it constituted a violation. A complaint concerning
EEO will need to specify which factor(s) among the following, formed the
alleged basis of discrimination: race, color, Hispanic ethnicity, religion,
sex, sexual orientation, national origin, age over forty years, genetic
information, or disability;"
(3)"The complaint document needs to
bear the signature of the complainant or his/her authorized representative. If
the document is filed by e-mail message or attachment, the signature is to be
incorporated to the text of the complaint, for instance by means of screen
shot, PDF, or other image medium."
(C)Complaint investigations. Upon
receiving a complaint that conforms to the requirements of paragraph (B) of
this rule and that suggests a violation under division 5101:11 of the
Administrative Code, the council office will:
(1)Provide written notice to the
complainant, acknowledging receipt of the document;
(2)Contact the complainant, if necessary,
for information that clarifies the nature of the complaint and/or whether it
warrants investigation;
(3)Conduct a thorough investigation to
determine the accuracy of the complaint and whether the sponsor has violated
any pertinent rule(s) under division 5101:11 of the Administrative Code.
(D)The identity of a complainant and of
anyone assisting in a complaint investigation, will only be divulged outside of
council office staff upon prior notification of and permission from the person
in question, apart from such exception(s) as the office deems necessary to
enforce the rules under division 5101:11 of the Administrative Code.
Replaces: 5101:11-6-02
Effective: 10/1/2020
Five Year Review (FYR) Dates: 10/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 09/14/2020
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03, 4139.05
Prior Effective Dates: 10/08/1971, 10/13/1978, 11/23/1998,
03/22/2004, 06/06/2009, 08/07/2014