(a) Notwithstanding the provisions of Sec. 5.5(a)(4)(ii) relating to
the utilization of trainees on Federal and federally assisted
construction, no contractor shall be required to obtain approval of a
training program which, prior to August 20, 1975, was approved by the
Department of Labor for purposes of the Davis-Bacon and Related Acts,
was established by agreement of organized labor and management and
therefore recognized by the Department, and/or was recognized by the
Department under Executive Order 11246, as amended. A copy of the
program and evidence of its prior approval, if applicable shall be
submitted to the Employment and Training Administration, which shall
certify such prior approval or recognition of the program. In every
other respect, the provisions of Sec. 5.5(a)(4)(ii)--including those
relating to registration of trainees, permissible ratios, and wage rates
to be paid--shall apply to these programs.
(b) Every trainee employed on a contract executed on and after
August 20, 1975, in one of the above training programs must be
individually registered in the program in accordance with Employment and
Training Administration procedures, and must be paid at the rate
specified in the program for the level of progress. Any such employee
listed on the payroll at a trainee rate who is not registered and
participating in a program certified by ETA pursuant to this section, or
approved and certified by ETA pursuant to Sec. 5.5(a)(4)(ii), must be
paid the wage rate determined by the Secretary of Labor for the
classification of work actually performed. The ratio of trainees to
journeymen shall not be greater than permitted by the terms of the
program.
(c) In the event a program which was recognized or approved prior to
August 20, 1975, is modified, revised, extended, or renewed, the changes
in the program or its renewal must be approved by the Employment and
Training Administration before they may be placed into effect.
