(a) Obligations of sponsors. Each sponsor of an apprenticeship
program shall:
(1) Recruit, select, employ, and train apprentices during their
apprenticeship, without discrimination because of race, color, religion,
national origin, or sex; and
(2) Uniformly apply rules and regulations concerning apprentices,
including but not limited to, equality of wages, periodic advancement,
promotion, assignment of work, job performance, rotation among all work
processes of the trade, imposition of penalties or other disciplinary
action, and all other aspects of the apprenticeship program
administration by the program sponsor; and
(3) Take affirmative action to provide equal opportunity in
apprenticeship, including adoption of an affirmative action plan as
required by this part.
(b) Equal opportunity pledge. Each sponsor of an apprenticeship
program shall include in its standards the following equal opportunity
pledge:
The recruitment, selection, employment, and training of apprentices
during their apprenticeship, shall be without discrimination because of
race, color, religion, national origin, or sex. The sponsor will take
affirmative action to provide equal opportunity in apprenticeship and
will operate the apprenticeship program as required under title 29 of
the Code of Federal Regulations, part 30.
(c) Programs presently registered. Each sponsor of a program
registered with the Department as of the effective date of this part
shall within 90 days of that effective date take the following action:
(1) Include in the standards of its apprenticeship program the equal
opportunity pledge prescribed by paragraph (b) of this section;
(2) Adopt an affirmative action plan required by Sec. 30.4; and
(3) Adopt a selection procedure required by Sec. 30.5. A sponsor
adopting a selection method under Sec. 30.5(b) (1), (2), or (3) shall
prepare, and have available for submission upon request, copies of its
amended standards, affirmative action plans, and selection procedure. A
sponsor adopting a selection method under Sec. 30.5(b)(4) shall submit
to the Department copies of its standards, affirmative action plan and
selection procedure in accordance with the requirements of
Sec. 30.5(b)(4)(i)(a).
(d) Sponsors seeking new registration. A sponsor of a program
seeking new registration with the Department shall submit copies of its
proposed standards, affirmative action plan, selection procedures, and
such other information as may be required. The program shall be
registered if such standards, affirmative action plan, and selection
procedure meet the requirements of this part.
(e) Programs subject to approved equal employment opportunity
programs. A sponsor shall not be required to adopt an affirmative action
plan under Sec. 30.4 or a selection procedure under Sec. 30.5 if it
submits to the Department satisfactory evidence that it is in compliance
with an equal employment opportunity program providing for the selection
of apprentices and for affirmative action in apprenticeship including
goals and timetables for women and minorities which has been approved as
meeting the requirements of title VII of the Civil Rights Act of 1964,
as amended (42 U.S.C. 2000e et seq.) and its implementing regulations
published in title 29 of the Code of Federal Regulations, Chapter XIV or
Executive Order 11246, as amended, and its implementing regulations at
title 41 of the Code of Federal
Regulations, Chapter 60: Provided, That programs approved, modified or
renewed subsequent to the effective date of this amendment will qualify
for this exception only if the goals and timetables for minorities and
women for the selection of apprentices provided for in such programs are
equal to or greater than the goals required under this part.
(f) Program with fewer than five apprentices. A sponsor of a program
in which fewer than five apprentices are indentured shall not be
required to adopt an affirmative action plan under Sec. 30.4 or a
selection procedure under Sec. 30.5: Provided, That such program was not
adopted to circumvent the requirements of this part.
(Approved by the Office of Management and Budget under control number
1205-0224)
[43 FR 20760, May 12, 1978, as amended at 49 FR 18295, Apr. 30, 1984]
