§ 658.410Establishment of State agency JS complaint system.
(a) Each State agency shall establish and maintain a Job Service complaint system pursuant to this subpart.
(b) The State Administrator shall have overall responsibility for the operation of the State agency JS complaint system. At the local office level, the local office manager shall be responsible for the management of the JS complaint system.
(1) State agencies shall ensure that centralized control procedures are established for the handling of complaints and files relating to the handling of complaints. The Manager or Administrator of the local or State office taking the complaint shall ensure that a central complaint log is maintained, listing all complaints received, and specifying for each complaint:
(i) The name of the complainant,
(ii) The name of the respondent (employer or State agency),
(iii) The date the complaint is filed,
(iv) Whether the complaint is by or on behalf of an MSFW,
(v) Whether the complaint is JS-related,
(vi) If the complaint is JS-related, whether it is employer-related or agency-related,
(vii) If the complaint is non-JS-related, the information required by § 658.414(c), and
(viii) The action taken, including for JS-related complaints, whether the complaint has been resolved.
(2) Within one month after the end of the calendar quarter during which a local office receives an MSFW complaint (JS or non-JS related), the local office manager shall transmit a copy of that portion of the log containing the information on the MSFW complaint(s) or a separate listing of the relevant information from the log for each MSFW complaint to the State Administrator. Within two months after the end of each calendar quarter the State Administrator shall transmit copies of all local and State office complaint logs received for that quarter to the Regional Administrator.
(3) State agencies shall ensure that any action taken by the responsible official, including referral, on a JS-related or non-JS related complaint from an MSFW alleging a violation of employment related laws enforced by ESA or OSHA is fully documented in a file containing all relevant information, including a copy of the original complaint form, a copy of any JS reports, any related correspondence, a list of actions taken, and a record of related telephone calls.
(4) At the State office level, the State Administrator shall ensure that all JS-related complaints referred from local offices, and all correspondence relating thereto are logged with a notation of the nature of each item.
(d) State agencies shall ensure that information pertaining to the use of the JS complaint system is publicized. This shall include the prominent display of an ETA-approved JS complaint system poster in each local office, satellite or district office, and at each State agency operated day-haul facility.
(Approved by the Office of Management and Budget under control number 1205-0039)