(a) The Secretary's recognition of a State Apprenticeship Agency or
Council (SAC) gives the SAC the authority to determine whether an
apprenticeship program conforms with the Secretary's published standards
and the program is, therefore, eligible for those Federal purposes which
require such a determination by the Secretary. Such recognition of a SAC
shall be accorded by the Secretary upon submission and approval of the
following:
(1) An acceptable State apprenticeship law (or Executive order), and
regulations adopted pursuant thereto;
(2) Acceptable composition of the State Apprenticeship Council
(SAC);
(3) An acceptable State Plan for Equal Employment Opportunity in
Apprenticeship;
(4) A description of the basic standards, criteria, and requirements
for program registration and/or approval; and
(5) A description of policies and operating procedures which depart
from or impose requirements in addition to those prescribed in this
part.
(b) Basic requirements. Generally the basic requirements under the
matters covered in paragraph (a) of this section shall be in conformity
with applicable requirements as set forth in this part. Acceptable State
provisions shall:
(1) Establish the apprenticeship agency in: (i) The State Department
of Labor, or (ii) in that agency of State government having jurisdiction
of laws and regulations governing wages, hours, and working conditions,
or (iii) that State agency presently recognized by the Bureau, with a
State official empowered to direct the apprenticeship operation;
(2) Require that the State Apprenticeship Council be composed of
persons familiar with apprenticeable occupations and an equal number of
representatives of employer and of employee organizations and may
include public members who shall not number in excess of the number
named to represent either employer or employee organizations. Each
representative so named shall have one vote. Ex officio members may be
added to the council but they shall have no vote except where such
members have a vote according to the established practice of a presently
recognized council. If the State official who directs the apprenticeship
operation is a member of the council, provision may be made for the
official to have a tie-breaking vote;
(3) Clearly delineate the respective powers and duties of the State
official and of the council;
(4) Clearly designate the officer or body authorized to register and
deregister apprenticeship programs and agreements;
(5) Establish policies and procedures to promote equality of
opportunity in apprenticeship programs pursuant to a State Plan for
Equal Employment Opportunity in Apprenticeship which adopts and
implements the requirements of 29 CFR part 30, as amended, and to
require apprenticeship programs to operate in conformity with such State
Plan and 29 CFR part 30, as amended;
(6) Prescribe the contents of apprenticeship agreements;
(7) Limit the registration of apprenticeship programs to those
providing training in apprenticeable occupations as defined in
Sec. 29.4;
(8) Provide that apprenticeship programs and standards of employers
and unions in other than the building and construction industry, which
jointly form a sponsoring entity on a multistate basis and are
registered pursuant to all requirements of this part by any recognized
State Apprenticeship Agency/Council or by the Bureau, shall be accorded
registration or approval reciprocity by any other State Apprenticeship
Agency/Council or office of the Bureau if such reciprocity is requested
by the sponsoring entity;
(9) Provide for the cancellation, de- registration and/or
termination of approval of programs, and for temporary suspension,
cancellation, deregistration and/or termination of
approval of apprenticeship agreements; and
(10) Provide that under a program proposed for registration by an
employer or employers' association, and 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
acknowledgment of union agreement or no objection to the registration is
required. Where no such participation is evidenced and practiced, the
employer or employers' association shall simultaneously furnish to the
union, if any, 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 State agency shall provide a reasonable time
period of not less than 30 days nor more than 60 days for receipt of
union comments, if any, before final action on the application for
registration and/or approval.
(c) Application for recognition. A State Apprenticeship Agency/
Council desiring recognition shall submit to the Administrator, BAT, the
documentation specified in Sec. 29.12(a) of this part. A currently
recognized Agency/Council desiring continued recognition by the Bureau
shall submit to the Administrator the documentation specified in
Sec. 29.12(a) of this part on or before July 18, 1977. An extension of
time within which to comply with the requirements of this part may be
granted by the Administrator for good cause upon written request by the
State agency but the Administrator shall not extend the time for
submission of the documentation required by Sec. 29.12(a). The
recognition of currently recognized Agencies/Councils shall continue
until July 18, 1977 and during any extension period granted by the
Administrator.
(d) Appeal from denial of recognition. The denial by the
Administrator of a State agency's application for recognition under this
part shall be in writing and shall set forth the reasons for the denial.
The notice of denial shall be sent to the applicant by certified mail,
return receipt requested. The applicant may appeal such a denial to the
Secretary by mailing or otherwise furnishing to the Administrator,
within 30 days of receipt of the denial, a notice of appeal addressed to
the Secretary and setting forth the following items:
(1) A statement that the applicant appeals to the Secretary to
reverse the Administrator's decision to deny its application;
(2) The date of the Administrator's decision and the date the
applicant received the decision;
(3) A summary of the reasons why the applicant believes that the
Administrator's decision was incorrect;
(4) A copy of the application for recognition and subsequent
modifications, if any;
(5) A copy of the Administrator's decision of denial. Within 10 days
of receipt of a notice of appeal, the Secretary shall assign an
Administrative Law Judge to conduct hearings and to recommend findings
of fact and conclusions of law. The proceedings shall be informal,
witnesses shall be sworn, and the parties shall have the right to
counsel and of cross-examination.
The Administrative Law Judge shall submit the recommendations and
conclusions, together with the entire record to the Secretary for final
decision. The Secretary shall make his final decision in writing within
30 days of the Administrative Law Judge's submission. The Secretary may
make a decision granting recognition conditional upon the performance of
one or more actions by the applicant. In the event of such a conditional
decision, recognition shall not be effective until the applicant has
submitted to the Secretary evidence that the required actions have been
performed and the Secretary has communicated to the applicant in writing
that he is satisfied with the evidence submitted.
(e) State apprenticeship programs. (1) An apprenticeship program
submitted for registration with a State Apprenticeship Agency recognized
by the Bureau shall, for Federal purposes, be in conformity with the
State apprenticeship law, regulations, and with the State Plan for Equal
Employment Opportunity in Apprenticeship as submitted to and approved by
the Bureau pursuant to 29 CFR 30.15, as amended;
(2) In the event that a State Apprenticeship Agency is not
recognized by
the Bureau for Federal purposes, or that such recognition has been
withdrawn, or if no State Apprenticeship Agency exists, registration
with the Bureau may be requested. Such registration shall be granted if
the program is conducted, administered and operated in accordance with
the requirements of this part and the equal opportunity regulation in 29
CFR part 30, as amended.
(Approved by the Office of Management and Budget under control number
1205-0223)
[42 FR 10319, Feb. 18, 1977, as amended at 49 FR 18295, Apr. 30, 1984]
