Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 26.00 - Apprentice Standards
Section 26.11 - Complaints

(1)454 CMR 26.11 is not applicable to any complaint concerning discrimination or other equal opportunity matters; all such complaints must be submitted, processed and resolved in accordance with applicable provisions of M.G.L. c. 151B, or 29 CFR 30.

(2) Except for matters described in 454 CMR 26.11(1), any controversy or difference arising under an apprenticeship agreement registered with the Division, which cannot be adjusted locally and which is not covered by a collective bargaining agreement, may be submitted by an apprentice, or the apprentice's authorized representative, to the Division, for review. Matters covered by a collective bargaining agreement are not subject to such review.

(3) The complaint must be in writing and signed by the complainant, or authorized representative, and must be submitted within 60 days of the final local decision. It must set forth the specific matter(s) complained of, together with relevant facts and circumstances. Copies of pertinent documents and correspondence must accompany the complaint.

(4) The Division will 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 Division will make reasonable efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties will be notified that the case is closed. Where an opinion is rendered, copies will be sent to all interested parties.

(5) Nothing in 454 CMR 26.11 precludes an apprentice from pursuing any other remedy authorized under another Federal, State, or local law.