§ 23:390 — Settlement of controversies or complaints

Louisiana § 23:390

• Jurisdiction: Louisiana
• Title 23: Labor and Workers' Compensation

Text

§390. Settlement of controversies or complaints
A. The provisions of this Chapter shall not be applicable to resolving any disputes
regarding any category of prohibited discrimination provided for in Chapter 3-A of this Title,
the Louisiana Employment Discrimination Law. Any cause of action related to prohibited
discrimination shall be filed in the manner set forth in 29 CFR Part 30 or applicable
provisions of a State Plan for Equal Employment Opportunity in Apprenticeship adopted
pursuant to 29 CFR Part 30 and approved by the United States Department of Labor.
B.(1) Except for matters described in Subsection A of this Section, any disagreement
arising under an apprenticeship agreement which cannot be adjusted locally and which is not
covered by a collective bargaining agreement, may be submitted by an apprentice, or by the
apprentice's authorized representative, within sixty days of the final local decision, to the
Director of Apprenticeship, Louisiana Works-Apprenticeship Division.
(2) Matters covered by a collective bargaining agreement are not to be reviewed
pursuant to this Section. Complaint procedures for the settlement of complaints shall be
conducted in accordance with the Louisiana Administrative Code, Title 40, Part 9, §309.
C. Upon the complaint of any interested person or upon his own initiative, the
director of apprenticeship may investigate to determine if there has been a violation of the
terms of an apprenticeship agreement made under this Chapter and hold hearings, inquiries,
and other proceedings necessary to such investigations and determination. The director of
apprenticeship shall investigate programs only as necessary to establish compliance, and then
only upon proper notice. The parties to such agreement shall be given a fair and impartial
hearing, after reasonable notice thereof. All hearings, investigations, and determinations shall
be made under authority of reasonable rules and procedure prescribed by the apprenticeship
council, subject to the approval of the secretary.
D. The determination of the director of apprenticeship shall be filed with the
secretary. If no appeal therefrom is filed with the secretary within twenty days after the date
thereof, such determination shall become the order of the secretary. Any person aggrieved
by any determination or action of the director of apprenticeship may appeal therefrom to the
secretary who shall hold a hearing thereon, after due notice to the interested parties. Orders
and decisions of the secretary shall be prima facie lawful and reasonable if supported by
reasonable and competent evidence. Any party to an apprenticeship agreement aggrieved by
an order or decision of the secretary may appeal to the courts on questions of law. The
decision of the secretary shall be conclusive if no appeal therefrom is filed within thirty days
after the date of the order or decision.
E. No person shall institute any action for the enforcement of any apprenticeship
agreement, or for damages for the breach thereof, unless all the administrative remedies
provided in this Section have first been exhausted.
F. The provisions of this Section shall not be construed to preclude an apprentice
from pursuing any remedy to address prohibited discrimination in employment which is
otherwise available in any other Chapter of this Title, in any other Title of the Louisiana
Revised Statutes of 1950, in federal law, or in any local ordinance.

Legislative History

Acts 1987, No. 623, §1; Acts 2010, No. 791, §1; Acts 2014, No. 740, §1, eff. June 19, 2014; Acts 2018, No. 380, §1, eff. June 30, 2018.