Section 1 Authority
The authority for the implementation and adoption of these
policies and procedures affecting the registration of the Apprenticeship and
Training Program with the Department of Labor is vested under authority of 21
V.S.A. Chapter 13.
Section
2 Purpose and Scope (29 R Part 291)
(a) 21 V.S.A. Chapter 13 directs the
Department of Labor to formulate and promote the furtherance of labor standards
necessary to safeguard the welfare of apprentices and to extend the application
of those standards by requiring the inclusion of them in contracts of
apprenticeship.
(b) The purpose of
these rules is to set forth labor standards to safeguard the welfare of
apprentices, promote apprenticeship opportunity, and to extend the application
of these standards by prescribing rules concerning the registration of
acceptable apprenticeship programs. These rules cover the registration,
termination and deregistration of apprenticeship programs and of apprenticeship
agreements and any matters relating to those subjects.
(c) These rules apply to a person, firm,
corporation or craft only after that person, firm, corporation or craft has
voluntarily elected to conform with them.
Section 3 Definitions (29 R Part 292)
"Administrator" means the Vermont Department of Labor
Apprenticeship Program Director or designee.
"Apprentice" means a worker at least 16 years of age, except
where a higher minimum age standard is otherwise fixed by law, who is employed
to learn an apprenticeable occupation under the standards of apprenticeship
contained in these rules.
"Apprenticeship Agreement" means a written agreement, complying
with the standards of apprenticeship in these rules, between an apprentice and
either the apprentice's program sponsor, or an apprenticeship committee acting
as agent for the program sponsor(s), which contains the terms and conditions of
the employment and training of the apprentice.
"Apprenticeship Committee" (Committee) means those persons
designated by the sponsor to administer the program. A committee may be either
joint or non-joint, as follows:
(a) A
joint committee is composed of an equal number of representatives of the
employer(s) and of the employees represented by a bona fide collective
bargaining agent(s).
(b) A
non-joint committee, which may also be known as a unilateral or group non-joint
(which may include employees) committee, has employer representatives but does
not have a bona fide collective bargaining agent as a participant.
"Apprenticeship Program" means a plan containing all terms and
conditions for the qualification, recruitment, selection, employment and
training of apprentices, as required under the standards of apprenticeship
section of these rules, including such matters as the requirement for a written
apprenticeship agreement.
"Cancellation" means the termination of the registration or
approval status of a program at the request of the sponsor, or termination of
an Apprenticeship Agreement at the request of the apprentice or the
sponsor.
"Certification" or "Certificate" means documentary evidence
that:
(a) The Registration
Agency/Department has established that an individual is eligible for
probationary employment as an apprentice under a registered apprenticeship
program;
(b) The Registration
Agency/Department has registered an apprenticeship program as evidenced by a
Certificate of Registration or other written indicia;
(c) The Registration Agency/Department has
determined that an apprentice has successfully met the requirements to receive
an interim credential; or
(d) The
Registration Agency/Department has determined that an individual has
successfully completed apprenticeship.
"Competency" means the attainment of manual, mechanical or
technical skills and knowledge, as specified by an occupational standard and
demonstrated by an appropriate written and hands-on proficiency
measurement.
"Completion rate" means the percentage of an apprenticeship
cohort who receives a certificate of apprenticeship completion within 1 year of
the projected completion date. An apprenticeship cohort is the group of
individual apprentices registered to a specific program during a 1 year time
frame, except that a cohort does not include the apprentices whose
apprenticeship agreement has been cancelled during the probationary
period.
"Department" means the Vermont Department of Labor.
"Electronic media" means media that utilize electronics or
electromechanical energy for the end user (audience) to access the content; and
includes, but is not limited to: electronic storage media, transmission media,
the Internet, extranet, lease lines, dial-up lines, private networks, and the
physical movement of removable/transportable electronic media and/or
interactive distance learning.
"Employer" means any person or organization employing an
apprentice whether or not such person or organization is a party to an
Apprenticeship Agreement with the apprentice.
"Interim credential" means a credential issued by the
Registration Agency, upon request of the appropriate sponsor, as certification
of competency attainment by an apprentice.
"Journeyworker" means a worker who has attained a level of
skill, abilities and competencies recognized within an industry as having
mastered the skills and competencies required for the occupation. In the
licensed trades, it will mean an individual who holds a journey level license.
In non-licensed occupations, it shall mean an individual with either a
completion of apprenticeship certificate or experience equal to one and
one-half times the work process hours. (Use of the term may also refer to a
mentor, technician, specialist or other skilled worker who has documented
sufficient skills and knowledge of an occupation, either through formal
apprenticeship or through practical on-the-job experience and formal
training.)
"Provisional registration" means the 1-year initial provisional
approval of newly registered programs that meet the required standards for
program registration, after which program approval may be made permanent,
continued as provisional, or rescinded following a review by the Registration
Agency.
"Quality Assurance Assessment" means a comprehensive review
conducted by a Registration Agency regarding all aspects of an apprenticeship
program's performance, including but not limited to determining if apprentices
are receiving on-the-job training in all phases of the apprenticeable
occupation; scheduled wage increases consistent with the registered standards;
related instruction through appropriate curriculum and delivery systems; and
that the registration agency is receiving notification of all new
registrations, cancellations, and completions as required in this part.
"Registration Agency" means the Vermont Department of Labor,
which has the responsibility for registering apprenticeship programs and
apprentices, providing technical assistance and conducting reviews for
compliance with 29 R parts 29 and 30, and conducting quality assurance
assessments.
"Registration of an apprenticeship agreement" means the
acceptance and recording of an apprenticeship agreement by the Vermont
Department of Labor as evidence of the apprentice's participation in a
particular registered apprenticeship program.
"Registration of an apprenticeship program" means the
acceptance and recording of such program by the Vermont Department of Labor as
meeting the basic standards and requirements of apprenticeship as defined by
these rules. Approval is evidenced by a Certificate of Registration or other
written indicia.
"Related instruction" means an organized and systematic form of
instruction designed to provide the apprentice with the knowledge of the
theoretical and technical subjects related to the apprentice's occupation. Such
instruction may be given in a classroom, through occupational or industrial
courses, or by correspondence courses of equivalent value, electronic media, or
other forms of self-study approved by the Registration Agency.
"Sponsor" means any person, association, committee, or
organization operating an apprenticeship program and in whose name the program
is (or is to be) registered or approved.
"Vermont State Apprenticeship Council" means the regulatory
State Apprenticeship Council established by
21 VSA §
1101 to assist the Vermont Department of
Labor/Registration Agency. The role of the VT State Apprenticeship Council is
described in §
5 of these
rules.
"Technical assistance" means guidance provided by Registration
Agency staff in the development, revision, amendment, or processing of a
potential or current program sponsor's Standards of Apprenticeship,
Apprenticeship Agreements, or advice or consultation with a program sponsor to
further compliance with this part or guidance from the Office of Apprenticeship
to a State Apprenticeship Agency on how to remedy nonconformity with this
part.
"Transfer" means a shift of apprenticeship registration from
one program to another or from one employer within a program to another
employer within that same program, where there is agreement between the
apprenticeship committees or program sponsors and the affected.
Section 4
Eligibility and Procedure for Registration of an Apprenticeship Program (29 R
Part 293)
(a) Eligibility for registration of
an apprenticeship program is conditioned upon a program's conformity with the
apprenticeship program standards published in this part. For a program to be
determined as being in conformity with the standards, the program must apply
for registration and be registered with the Department. A program registered
under these rules is recognized for various federal purposes.
(b) Only an apprenticeship program or
agreement that meets the following criteria is eligible for registration with
the Department:
(1) It is in conformity with
the requirements of this part and the training is in an apprenticeable
occupation having the characteristics set forth in §
6 of these
rules; and
(2) It is in conformity
with the requirements of the Department's regulation on Equal Employment
Opportunity in Apprenticeship and Training in compliance with 29 R part 30, as
amended.
(c) Except as
provided under paragraph (d) of the section, apprentices must be individually
registered under a registered program. Such individual registration may be
effected:
(1) By filing copies of each
individual agreement with the Department; or
(2) Subject to prior Department approval, by
filing a master copy of such agreement followed by a listing of the name, and
other required data, of each individual when apprenticed.
(d) The names of persons in probationary
employment as an apprentice under an apprenticeship program registered by the
Department, if not individually registered under such program, must be
submitted within 45 days of employment to the Department for certification to
establish the apprentice as eligible for such probationary
employment.
(e) The Department must
be notified within 45 days of persons who have successfully completed
apprenticeship programs; and of transfers, suspensions, and cancellations of
apprenticeship agreements and a statement of the reasons therefore.
(f) Approved and operating apprenticeship
programs shall be registered with the Department. A certificate of registration
will be issued to each program upon approval.
(g) Applications for new programs that the
Department determines meet the required standards for program registration must
be given provisional approval for a period of 1 year. The Department must
review all new programs for quality and for conformity with the requirements of
this part at the end of the first year after registration. At that time:
(1) A program that conforms with the
requirements of this part:
(i) May be made
permanent; or
(ii) May continue to
be provisionally approved through the first full training cycle.
(2) A program not in operation or
not conforming to the regulations during the provisional approval period must
be recommended for deregistration procedures.
(h) The Department must review all programs
for quality and for conformity with the requirements of this part at the end of
the first full training cycle. A satisfactory review of a provisionally
approved program will result in conversion of provisional approval to permanent
registration. Subsequent reviews must be conducted no less frequently than
every five years. Programs not in operation or not conforming to the
regulations must be recommended for deregistration procedures.
(i) Any sponsor proposals or applications for
modification(s) or change(s) to registered programs must be submitted to the
Department. The Department must make a determination on whether to approve such
submissions within 90 days from the date of receipt. If approved, the
modification(s) or change(s) will be recorded and acknowledged within 90 days
of approval as an amendment to such program. If not approved, the sponsor must
be notified of the disapproval and the reasons therefore and provided the
appropriate technical assistance.
(j) Under a program proposed for registration
by an employer or employers' association, where the standards, collective
bargaining agreement or other instrument provides for participation by a union
in any manner in the operation of the substantive matters of the apprenticeship
program, and such participation is exercised, written acknowledgement of union
agreement or no objection to the registration is required. Where no such
participation is evidenced and practiced, the employer or employers'
association must simultaneously furnish to an existing union, which is the
collective bargaining agent of the employees to be trained, a copy of its
application for registration and of the apprenticeship program. The Department
must provide for receipt of union comments, if any, within 45 days before final
action on the application for registration and/or approval.
(k) Where the employees to be trained have no
collective bargaining agreement, an apprenticeship program may be proposed for
registration by an employer or group of employers, or an employer
association.
(l) Any modification
or change to a registered standard shall be promptly submitted to the
Department, and if approved, shall be recorded and acknowledged as a revision
of the standards.
(m) If the
sponsor is involved in any labor dispute such as a strike, lockout, work
stoppage, or other similar condition, the application for an apprenticeship
program may be withheld until that issue is resolved.
(n) If it is determined by the Department
that a sponsor is in violation of any federal or state labor laws or rales and
regulations affecting registration of programs, the application for an
apprenticeship program may be withheld until these issues are
resolved.
Section 5
Vermont State Apprenticeship Council
The Vermont State Apprenticeship Council shall be comprised of
12 members, four ex officio members and eight members who shall be appointed by
the Governor. Of the ex officio members, one shall be the Commissioner of Labor
or designee, one shall be the Commissioner of Public Safety or designee, one
shall be the Secretary of Education or designee, and one shall be the Director
of the Apprenticeship Division who shall act as secretary of the Council
without vote. The Council shall be composed of persons familiar with
apprenticeable occupations. Of the appointed members, three shall be
individuals who represent employers, three shall be individuals who represent
employee organizations, and two shall be members of the public. Under the
direction of the Vermont Department of Labor, the Vermont State Apprenticeship
Council shall:
(a) Review and
recommend new apprenticeship programs to the Department for
registration.
(b) Review and
recommend approval of prior credit requests over 50% of time in the
trade.
(c) Advise the Department on
related instruction content, attendance policies and other matters related to
apprenticeship classes.
(d) Set
guidelines for the ratio variance process.
(e) Promulgate rules at the direction of the
Department.
(f) Review and
recommend approval of new occupations.
In the event that the composition of the Vermont State
Apprenticeship Council in
21 V.S.A.§
1101 differs from that in this Rule, the
statute will be used in the case of a conflict.
Section 6 Criteria for Apprenticable
Occupations (29 R Part 294)
An apprenticeable occupation is one which is specified by
industry and which must:
(a) Involve
skills that are customarily learned in a practical way through a structured,
systematic program of on-the-job supervised learning;
(b) Be clearly identified and commonly
recognized throughout an industry;
(c) Involve the progressive attainment of
manual, mechanical or technical skills and knowledge which, in accordance with
the industry standard for the occupation, would require the completion of at
least 2,000 hours of on-the-job learning to attain;
(d) Require related instruction to supplement
the on-the-job learning; and
(e) Be
on the list of occupations approved by the US DOL Office of Apprenticeship or
has been approved by the Department, in consultation with the Vermont State
Apprenticeship Council. Any request for approval of a new apprenticeable
occupation shall include a full work process, a related instruction outline and
a statement that the apprentice will be fully instructed in safety and Vermont
Occupational Safety and Health Administration requirements.
Section 7 Standards of
Apprenticeship (29 R Part 295)
An apprenticeship program, to be eligible for approval and
registration by a Registration Agency, must conform to the following
standards:
(a) The program must have
an organized, written plan (program standards) embodying the terms and
conditions of employment, training, and supervision of one or more apprentices
in an apprenticeable occupation, as defined in this part, and subscribed to by
a sponsor who has undertaken to carry out the apprentice training
program.
(b) The program standards
must contain provisions that address:
(1) The
employment and training of the apprentice in a skilled occupation.
(2) The term of apprenticeship, which for an
individual apprentice may be measured either through the completion of the
industry standard for on-the-job learning (at least 2,000 hours) (time-based
approach), the attainment of competency (competency-based approach), or a blend
of the time-based and competency-based approaches (hybrid approach).
(i) The time-based approach measures skill
acquisition through the individual apprentice's completion of at least 2,000
hours of on-the-job learning as described in a work process schedule;
(ii) The competency-based approach measures
skill acquisition through the individual apprentice's successful demonstration
of acquired skills and knowledge, as verified by the program sponsor. Programs
utilizing this approach must still require apprentices to complete an
on-the-job learning component of Registered Apprenticeship. The program
standards must address how on-the-job learning will be integrated into the
program, describe competencies, and identify an appropriate means of testing
and evaluation for such competencies;
(iii) The hybrid approach measures the
individual apprentice's skill acquisition through a combination of specified
minimum number of hours of on-the-job learning and the successful demonstration
of competency as described in a work process schedule; and
(iv) The determination of the appropriate
approach for the program standards is made by the program sponsor, subject to
approval by the Registration Agency of the determination as appropriate to the
apprenticeable occupation for which the program standards are
registered.
(3) An
outline of the work processes in which the apprentice will receive supervised
work experience and training on the job, and the allocation of the approximate
amount of time to be spent in each major process.
(4) Provision for organized, related
instruction in technical subjects related to the occupation. A minimum of 144
hours for each year of apprenticeship is recommended. This instruction in
technical subjects may be accomplished through media such as classroom,
occupational or industry courses, electronic media, or other instruction
approved by the Registration Agency. Every apprenticeship instructor must:
(i) Meet the State Department of Education's
requirements for a vocational-technical instructor in the State of
registration, or be a subject matter expert, which is an individual, such as a
journeyworker, who is recognized within an industry as having expertise in a
specific occupation; and
(ii) Have
training in teaching techniques and adult learning styles, which may occur
before or after the apprenticeship instructor has started to provide the
related technical instruction.
(5) A progressively increasing schedule of
wages to be paid to the apprentice consistent with the skill acquired. The
entry wage must not be less than the minimum wage prescribed by the Fair Labor
Standards Act, where applicable, unless a higher wage is required by other
applicable Federal law, State law, respective regulations, or by collective
bargaining agreement.
(6) Periodic
review and evaluation of the apprentice's performance on the job and in related
instruction; and the maintenance of appropriate progress records.
(7) A numeric ratio of apprentices to
journeyworkers consistent with proper supervision, training, safety, and
continuity of employment, and applicable provisions in collective bargaining
agreements, except where such ratios are expressly prohibited by the collective
bargaining agreements. The ratio language must be specific and clearly
described as to its application to the job site, workforce, department or
plant.
(8) A probationary period
reasonable in relation to the full apprenticeship term, with full credit given
for such period toward completion of apprenticeship. The probationary period
cannot exceed 25 percent of the length of the program, or 1 year, whichever is
shorter.
(9) Adequate and safe
equipment and facilities for training and supervision, and safety training for
apprentices on the job and in related instruction.
(10) The minimum qualifications required by a
sponsor for persons entering the apprenticeship program, with an eligible
starting age not less than 16 years.
(11) The placement of an apprentice under a
written Apprenticeship Agreement that meets the requirements of these rules and
the State Apprenticeship law. The agreement must directly, or by reference,
incorporate the standards of the program as part of the agreement.
(12) The granting of advanced standing or
credit for demonstrated competency, acquired experience, training, or skills
for all applicants equally, with commensurate wages for any progression step so
granted.
(13) The transfer of an
apprentice between apprenticeship programs and within an apprenticeship program
must be based on agreement between the apprentice and the affected
apprenticeship committees or program sponsors, and must comply with the
following requirements:
(i) The transferring
apprentice must be provided a transcript of related instruction and on-the-job
learning by the committee or program sponsor;
(ii) Transfer must be to the same occupation;
and
(iii) A new apprenticeship
agreement must be executed when the transfer occurs between program
sponsors.
(14) Assurance
of qualified training personnel and adequate supervision on the job.
(15) Recognition for successful completion of
apprenticeship evidenced by an appropriate certificate issued by the
Registration Agency.
(16) Program
standards that utilize the competency-based or hybrid approach for progression
through an apprenticeship and that choose to issue interim credentials must
clearly identify the interim credentials, demonstrate how these credentials
link to the components of the apprenticeable occupation, and establish the
process for assessing an individual apprentice's demonstration of competency
associated with the particular interim credential. Further, interim credentials
must only be issued for recognized components of an apprenticeable occupation,
thereby linking interim credentials specifically to the knowledge, skills, and
abilities associated with those components of the apprenticeable
occupation.
(17) Identification of
the Registration Agency.
(18)
Provision for the registration, cancellation and deregistration of the program;
and for the prompt submission of any program standard modification or amendment
to the Registration Agency for approval.
(19) Provision for registration of
apprenticeship agreements, modifications, and amendments; notice to the
Registration Agency of persons who have successfully completed apprenticeship
programs; and notice of transfers, suspensions, and cancellations of
apprenticeship agreements and a statement of the reasons therefore.
(20) Authority for the cancellation of an
apprenticeship agreement during the probationary period by either party without
stated cause; cancellation during the probationary period will not have an
adverse impact on the sponsor's completion rate.
(21) Compliance with 29 R part 30, including
the equal opportunity pledge prescribed in 29 R 30.3(b); an affirmative action
plan complying with 29 R 30.4; and a method for the selection of apprentices
authorized by 29 R 30.5, or compliance with parallel requirements contained in
a State plan for equal opportunity in apprenticeship adopted under 29 R part 30
and approved by the Department. The apprenticeship standards must also include
a statement that the program will be conducted, operated and administered in
conformity with applicable provisions of 29 R part 30, as amended, or, if
applicable, an approved State plan for equal opportunity in apprenticeship. In
addition to compliance with 29 R part 30, apprenticeship programs may not
discriminate against any individual because of race, color, religion, ancestry,
national origin, sex, sexual orientation, gender identity, place of birth, or
age or against a qualified disabled individual.
(22) Compliance with the Plan for Equal
Employment Opportunity in Apprenticeship and Training adopted by the Vermont
Department of Labor.
(23) Contact
information (name, address, telephone number, and e-mail address if
appropriate) for the appropriate individual with authority under the program to
receive, process and make disposition of complaints.
(24) Recording and maintenance of all records
concerning apprenticeship as may be required by the Registration
Agency.
Section
8 Program Performance Standards (29 R Part 296)
(a) Every registered apprenticeship program
must have at least one registered apprentice, except for the following
specified periods of time, which may not exceed 1 year:
(1) Between the date when a program is
registered and the date of registration for its first apprentice(s);
or
(2) Between the date that a
program graduates an apprentice and the date of registration for the next
apprentice(s) in the program.
(b) The Registration Agency must evaluate
performance of registered apprenticeship programs.
(1) The tools and factors to be used must
include, but are not limited to:
(i) Quality
assurance assessments;
(ii) Equal
Employment Opportunity (EEO) Compliance Reviews; and
(iii) Completion rates.
(2) Any additional tools and factors used by
the Registration Agency in evaluating program performance will adhere to the
goals and policies articulated in this part and in guidance issued by the
Office of Apprenticeship.
(c) In order to evaluate completion rates,
the Registration Agency must review a program's completion rates in comparison
to the national average for completion rates. Based on the review, the
Registration Agency must provide technical assistance to programs with
completion rates lower than the national average.
(d) Cancellation of apprenticeship agreements
during the probationary period will not have an adverse impact on a sponsor's
completion rate.
Section
9 Apprenticeship Agreement (29 R Part 297)
The apprenticeship agreement must contain, explicitly or by
reference:
(a) Names and signatures of
the contracting parties (apprentice, and the program sponsor or employer), and
the signature of a parent or guardian if the apprentice is a minor.
(b) The date of birth and, on a voluntary
basis, Social Security number of the apprentice.
(c) Contact information of the Program
Sponsor and Registration Agency.
(d) A statement of the occupation in which
the apprentice is to be trained, and the beginning date and term (duration) of
apprenticeship.
(e) A statement
showing:
(1) The number of hours to be spent
by the apprentice in work on the job in a time-based program; or a description
of the skill sets to be attained by completion of a competency-based program,
including the on-the-job learning component; or the minimum number of hours to
be spent by the apprentice and a description of the skill sets to be attained
by completion of the hybrid program; and
(2) The number of hours to be spent in
related instruction in technical subjects related to the occupation, which is
recommended to be not less than 144 hours per year.
(f) A statement setting forth a schedule of
the work processes in the occupation or industry divisions in which the
apprentice is to be trained and the approximate time to be spent at each
process.
(g) A statement of the
graduated scale of wages to be paid to the apprentice and whether or not the
required related instruction is compensated.
(h) Statements providing:
(1) For a specific period of probation during
which the apprenticeship agreement may be cancelled by either party to the
agreement upon written notice to the registration agency, without adverse
impact on the sponsor.
(2) That,
after the probationary period, the agreement may be:
(i) Cancelled at the request of the
apprentice, or
(ii) Suspended or
cancelled by the sponsor, for good cause, with due notice to the apprentice and
a reasonable opportunity for corrective action, and with written notice to the
apprentice and to the Registration Agency of the final action taken.
(i) A reference
incorporating as part of the agreement the standards of the apprenticeship
program as they exist on the date of the agreement and as they may be amended
during the period of the agreement.
(j) A statement that the apprentice will be
accorded equal opportunity in all phases of apprenticeship employment and
training, without discrimination because of race, color, religion, national
origin, sex, sexual orientation, gender identity, ancestry, place of birth,
age, genetics, or physical or mental condition.
(k) Contact information (name, address,
phone, and e-mail if appropriate) of the appropriate authority designated under
the program to receive, process and make disposition of complaints arising out
of the apprenticeship agreement when the complaints cannot be adjusted locally
or resolved in accordance with the established procedure or applicable
collective bargaining provisions.
Section 10 Ratios
(a) The ratio of apprentices to journey
workers and masters in all apprenticeable occupations shall be 10 apprenticed
to the first 10 journey workers or masters, and thereafter one apprenticed to
the next three journey workers or masters. This ratio shall apply to the
sponsor's workforce, except where a labor management contract specifies another
ratio.
(b) The ratio shall "sunset"
two years from the effective date of these rules, if 26 VSA Chapter 15, §
881 and Sections 3.1 and 3.2 of the Electrical Safety Rules have not been
amended to prohibit helpers in the electrical trade.
(c) If 26 VSA Chapter 15, § 881 and
Sections 3.1 and 3.2 of the Electrical Safety Rules have not been amended
within two years from the effective date of these rules, effective on the first
day following the two-year sunset period, the ratio shall then be four
apprenticed to the first four journey workers or masters and thereafter one
apprenticed to the next three journey workers or masters, except where a labor
management contract specifies another ratio.
(d) A sponsor applying to the Department for
a variance from the journeyman to apprentice ratio shall supply the Department
with all information reasonably related to the request for a variance,
including at least the following:
(1) A letter
from the sponsor summarizing:
(i) Its
recruitment efforts including, but not limited to, contact with the Vermont
Department of Labor office;
(ii)
The number of qualified journey workers and masters at the firm the number of
apprentices presently registered at the firm; the number of apprentices that
can be expected to complete their training within one year and the number of
apprentices that can be expected to complete their training within two
years;
(iii) Number of persons the
sponsor wishes to register as apprentices in excess of the current journeyman
to apprentice ratio;
(iv) Its
safety record, including all recordable employee accidents, injuries and
Vermont Occupational Safety and Health Administration citations covering the
last three years; and
(v) A
statement to the effect that the granting of an increased ratio variance will
in no way adversely affect either the sponsor's ability to adequately train all
registered apprentices or to provide appropriate on-the-job supervision
consistent with the employee safety at all times.
(2) A letter from the Vermont Department of
Labor Apprenticeship Field Representative stating:
(i) That adequate training and supervision
have taken place in the past and can be reasonably expected to continue with
the new ratio; and
(ii) The
sponsor's record of completions and cancellations.
Persons who become apprentices as a result of this variance
shall be registered within 90 days of the date of the variance. After this
time, no new persons may be registered as apprentices in excess of the ratio of
journey workers to apprentices as adopted by the Department, without a
subsequent variance granted by the Department.
(e) The sponsor may replace
apprentices that have completed their training or have left the employ of the
firm when:
(1) The sponsor falls below the
ratio of apprentices to journeymen currently approved by the
Department;
(2) The apprentice
terminates due to inability or unsatisfactory job performance; and
(3) The apprentice voluntarily leaves the
employment of the firm.
(f) An apprentice must work under the direct
supervision of a journey worker or master of the same trade. This supervision
need not be constant and first hand, but the journey worker or master must be
on the same job site or located in the same building or buildings or place
immediately adjacent thereto.
Section
11 Deregistration of a Registered Program (29 R Part 298)
Deregistration of a program may be effected upon the voluntary
action of the sponsor by submitting a request for cancellation of the
registration in accordance with paragraph (a) Of this section, or upon
reasonable cause, by the Registration Agency instituting formal deregistration
proceedings in accordance with paragraph (b) of this section.
(a) Deregistration at the request of the
sponsor. The Registration Agency may cancel the registration of an
apprenticeship program by written acknowledgment of such request stating the
following:
(1) The registration is cancelled
at the sponsor's request, and the effective date thereof;
(2) That, within 15 days of the date of the
acknowledgment, the sponsor will notify all apprentices of such cancellation
and the effective date; that such cancellation automatically deprives the
apprentice of individual registration; that the deregistration of the program
removes the apprentice from coverage for Federal purposes which require the
Secretary of Labor's approval of an apprenticeship program, and that all
apprentices are referred to the Registration Agency for information about
potential transfer to other registered apprenticeship programs.
(b) Deregistration by the
Registration Agency upon reasonable cause.
(1)
(i) Deregistration proceedings may be
undertaken when the apprenticeship program is not conducted, operated, or
administered in accordance with the program's registered provisions, or with
the requirements of this part, including but not limited to: failure to provide
on-the-job learning; failure to provide related instruction; failure to pay the
apprentice a progressively increasing schedule of wages consistent with the
apprentices skills acquired; or persistent and significant failure to perform
successfully. Deregistration proceedings for violation of equal opportunity
requirements must be processed in accordance with the provisions under 29 R
part 30.
(ii) For purposes of this
section, persistent and significant failure to perform successfully occurs when
a program sponsor consistently fails to register at least one apprentice, shows
a pattern of poor quality assessment results over a period of several years,
demonstrates an ongoing pattern of very low completion rates over a period of
several years, or shows no indication of improvement in the areas identified by
the Registration Agency during a review process as requiring corrective
action.
(2) Where it
appears the program is not being operated in accordance with the registered
standards or with requirements of this part, the Registration Agency must
notify the program sponsor in writing.
(3) The notice sent to the program sponsor's
contact person must:
(i) Be sent by registered
or certified mail, with return receipt requested;
(ii) State the shortcoming(s) and the remedy
required; and
(iii) State that a
determination of reasonable cause for deregistration will be made unless
corrective action is effected within 30 days.
(4) Upon request by the sponsor for good
cause, the 30-day term may be extended by the Commissioner for another 30 days.
During the period for corrective action, the Registration Agency shall assist
the sponsor to achieve conformity.
(5) If the required correction is not
effected within the allotted time, the Registration Agency must send a notice
to the sponsor, by registered or certified mail, return receipt requested,
stating the following:
(i) The notice is sent
under this paragraph;
(ii) Certain
deficiencies were called to the sponsor's attention (enumerating them and the
remedial measures requested, with the dates of such occasions and letters), and
that the sponsor has failed or refused to effect correction;
(iii) Based upon the stated deficiencies and
failure to remedy them, a determination has been made that there is reasonable
cause to deregister the program and the program may be deregistered unless,
within 15 days of the receipt of this notice, the sponsor requests a hearing
with the applicable Registration Agency; and
(iv) If the sponsor does not request a
hearing, the entire matter will be submitted to the Administrator, Office of
Apprenticeship, for a decision on the record with respect to
deregistration.
(6) If
the sponsor requests a hearing, the Registration Agency will transmit to the
Administrator a report containing all the data listed in paragraph (b)(6) of
this section, and the Administrator will refer the matter to the Office of
Administrative Law Judges. An Administrative Law Judge will convene a hearing
in accordance with § 29.10, and issue a decision as required in §
29.10(c).
(7) If the sponsor does
not request a hearing, the Registration Agency will transmit to the
Administrator a report containing all pertinent facts and circumstances
concerning the nonconformity, including the findings and recommendation for
deregistration, and copies of all relevant documents and records. Statements
concerning interviews, meetings and conferences will include the time, date,
place, and persons present. The Administrator will make a final order on the
basis of the record presented.
(8)
Every order of deregistration must contain a provision that the sponsor must,
within 15 days of the effective date of the order, notify all registered
apprentices of the deregistration of the program; the effective date thereof;
that such cancellation automatically deprives the apprentice of individual
registration; that the deregistration removes the apprentice from coverage for
Federal purposes which require the Secretary of Labor's approval of an
apprenticeship program; and that all apprentices are referred to the
Registration Agency for information about potential transfer to other
registered apprenticeship programs.
Section 12 Reinstatement of Program
Registration (29 R Part 299)
Any apprenticeship program deregistered under §
11 may be
reinstated upon presentation of adequate evidence that the apprenticeship
program is operating in accordance with this part. Such evidence must be
presented to the Registration Agency.
Section 13 Hearing for Deregistration (29 R
Part 2910)
(a) Within 10 days of receipt of a
request for a hearing, the Director of the Apprenticeship Program must contact
the U S Department of Labor's Office of Administrative Law Judges to request
the designation of an Administrative Law Judge to preside over the hearing. The
Administrative Law Judge shall give reasonable notice of such hearing by
registered mail, return receipt requested, to the appropriate sponsor. Such
notice will include:
(1) A reasonable time
and place of hearing;
(2) A
statement of the provisions of this part pursuant to which the hearing is to be
held; and
(3) A concise statement
of the matters pursuant to which the action forming the basis of the hearing is
proposed to be taken.
(b) The procedures contained in 29 R part 18
will apply to the disposition of the request for hearing except that:
(1) The Administrative Law Judge will
receive, and make part of the record, documentary evidence offered by any party
and accepted at the hearing. Copies thereof will be made available by the party
submitting the documentary evidence to any party to the hearing upon
request.
(2) Technical rales of
evidence will not apply to hearings conducted pursuant to this part, but rules
or principles designed to assure production of the most credible evidence
available and to subject testimony to test by cross-examination will be
applied, where reasonably necessary, by the Administrative Law Judge conducting
the hearing. The Administrative Law Judge may exclude irrelevant, immaterial,
or unduly repetitious evidence.
(c) The Administrative Law Judge should issue
a written decision within 90 days of the close of the hearing record. The
Administrative Law Judge's decision constitutes final agency action unless,
within 15 days from receipt of the decision, a party dissatisfied with the
decision files a petition for review with the Administrative Review Board,
specifically identifying the procedure, fact, law or policy to which exception,
is taken. Any exception not specifically urged is deemed to have been waived. A
copy of the petition for review must be sent to the opposing party at the same
time. Thereafter, the decision of the Administrative Law Judge remains final
agency action unless the Administrative Review Board, within 30 days of the
filing of the petition for review, notifies the parties that it has accepted
the case for review. The Administrative Review Board may set a briefing
schedule or decide the matter on the record. The Administrative Review Board
must decide any case it accepts for review within 180 days of the close of the
record. If not so decided, the Administrative Law Judge's decision constitutes
final agency action.
Section
14 Reciprocity
The Department will accord reciprocal approval for Federal
purposes to apprentices, apprenticeship programs and standards that are
registered in other States by the Office of Apprenticeship or a Registration
Agency if such reciprocity is requested by the apprenticeship program sponsor.
Program sponsors seeking reciprocal approval must meet the wage and hour
provisions and apprentice ratio standards of the reciprocal State.
Section 15 Limitations (29 R Part
2911)
Nothing in this part or in any apprenticeship agreement will
operate to invalidate:
(a) Any
apprenticeship provision in any collective bargaining agreement between
employers and employees establishing higher apprenticeship standards;
or
(b) Any special provision for
veterans, minority persons, or women in the standards, apprentice
qualifications or operation of the program, or in the apprenticeship agreement,
which is not otherwise prohibited by law, Executive Order, or authorized
regulation.
Section 16
Complaints (29 R Part 2912)
(a) This section
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 in 29 R part 30, or
applicable provisions of a State Plan for Equal Employment Opportunity in
Apprenticeship adopted pursuant to 29 R part 30 and approved by the
Department.
(b) Except for matters
described in paragraph (a) of this section, any complaint 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 the apprentice's authorized representative, to the Department
for review. Matters covered by a collective bargaining agreement are not
subject to such review.
(c) 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.
(d) The Department 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, Department 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.
(e) Nothing in this section precludes an
apprentice from pursuing any other remedy authorized under another Federal,
State, or local law.
