U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

ES/MSFW

CORRESPONDENCE SYMBOL

TEE

ISSUE DATE

October 31, 1996

RESCISSIONS

 

EXPIRATION DATE

August 31, 1999

 

DIRECTIVE

:

GENERAL ADMINISTRATION LETTER NO. 03-97

 

TO

:

ALL STATE EMPLOYMENT SECURITY AGENCIES

 

FROM

:

BARBARA ANN FARMER
Administrator
for Regional Management

 

SUBJECT

:

The Employment Service State Agency Complaint Referral Record, Form 8429

 

  1. Purpose. To announce the extension of Office of Management and Budget (OMB) approval of the Employment Service Complaint/Referral Form.

  2. Reference. 20 CFR Part 658.410, 29 CFR Parts 31.5 and 31.7, and 29 CFR Part 32.45.

  3. Background. As a result of a settlement agreement in the case of NAACP v. Brennan (Civil Action No. 2010-72, U.S.D.C.), the U.S. Department of Labor (DOL) published Federal regulations 20 CFR Parts 651, 653, and 658 on June 10, 1980. These regulations set forth the role and responsibilities of the United States Employment Service (USES) regarding compliance of said regulations. In compliance with 20 CFR 653.109, DOL established recordkeeping requirements to allow for the efficient and effective monitoring of SESA's regulatory compliance. Pursuant to these recordkeeping requirements, Federal regulations at 20 CFR 658.410 established the State agency Job Service Complaint System and its administrative and processing procedures. ETA Form 8429 was developed for recording complaints filed with the State Employment Service Agencies. This form must be completed for ES related complaints or non ES related complaints filed by or on behalf of a MSFW, alleging Employment Standards Administration (ESA) or Occupational Safety and Health Administration (OSHA) violations, for consideration and processing by State agency officials. Discrimination complaints (except for handicap complaints) alleging violation(s) of Title VI of the Civil Rights Act, Title IX of the Education Amendments, the Age Discrimination Act, and/or Section 167 of the Job Training Partnership Act, are to be filed with the U.S. Department of Labor Directorate of Civil Rights.

  4. OMB Approval. The reporting requirements for Form ETA 8429 are approved by OMB according to the Paperwork Reduction Act of 1995 under OMB approval No. 1205-0039 to expire 8/31/99. NOTE: Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number.

  5. Action Required. State Administrators are requested to provide the above information to appropriate staff.

  6. Inquiries. Direct all inquiries to the Regional Monitor Advocate for the United States Department of Labor/Employment and Training Administration.

  7. Attachment. Form ETA 8429

NOTE: Attachment not available to DMS