§3208. Complaints








1. Review. 
A controversy or difference arising under an apprenticeship agreement that cannot
be resolved between the sponsor and the apprentice and that is not covered by a collective
bargaining agreement may be submitted by an apprentice, or the apprentice's authorized
representative, to the Maine Apprenticeship Program for review. Matters covered by
a collective bargaining agreement are not subject to such review.


[
2011, c. 491, §13 (NEW)
.]








2. Complaint procedure. 
A complaint submitted under subsection 1 by an apprentice or the apprentice's authorized
representative to the Maine Apprenticeship Program must be in writing and signed by
the complainant or authorized representative and must be submitted within 60 days
of the final decision of the sponsor. The complaint must set forth the specific matter
giving rise to the complaint, together with relevant facts and circumstances. Copies
of pertinent documents and correspondence must accompany the complaint.


[
2011, c. 491, §13 (NEW)
.]








3. Decision; resolution. 
The Maine Apprenticeship Program, as appropriate, shall render an opinion on a complaint
under this section within 90 days after receipt of the complaint, based upon such
investigation of the matters submitted as the Maine Apprenticeship Program finds necessary
and the record before it. During the 90-day period, the Maine Apprenticeship Program
shall make reasonable efforts to effect a satisfactory resolution between the parties
involved. If the complaint is so resolved, the Maine Apprenticeship Program shall
notify the parties that the case is closed. If an opinion is rendered, the Maine
Apprenticeship Program shall send copies of the opinion to all interested parties.
The decision of the Maine Apprenticeship Program constitutes final agency action and
is subject to court review except as otherwise provided in this section.


[
2011, c. 491, §13 (NEW)
.]








4. Other remedies. 
This section does not preclude an apprentice from pursuing any other remedy authorized
under another federal, state or local law.


[
2011, c. 491, §13 (NEW)
.]








5. Application. 
This section does not apply to a complaint concerning discrimination or other equal
opportunity matters. All such complaints must be submitted, processed and resolved
in accordance with applicable state or federal law.


[
2011, c. 491, §13 (NEW)
.]





SECTION HISTORY

2011, c. 491, §13 (NEW).