803 KAR 1:010. Registration of apprenticeship programs.

 

      RELATES TO: KRS Chapter 343

      STATUTORY AUTHORITY: KRS 343.020

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 343.020 authorizes the executive director with the aid of the Apprenticeship and Training Council to promulgate administrative regulations to carry out the provisions and purposes of KRS Chapter 343. This administrative regulation establishes labor standards to safeguard the welfare of apprentices and to extend the application of those standards by prescribing policies and procedures concerning the registration of acceptable apprenticeship programs with the Kentucky Office of Workplace Standards, Supervisor of Apprenticeship and Training. These labor standards cover the registration, cancellation, and deregistration of apprenticeship programs and of apprenticeship agreements.

 

      Section 1. Definitions. (1) "Apprentice" is defined by KRS 343.010(1).

      (2) "Apprenticeship agreement" is defined by KRS 343.010(2).

      (3) "Apprenticeship program" is defined by KRS 343.010(7).

      (4) "Bureau" means the Bureau of Apprenticeship and Training, Employment and Training Administration, United States Department of Labor.

      (5) "Council" is defined by KRS 343.010(4).

      (6) "Employer" is defined by KRS 343.010(10).

      (7) "Executive director" is defined by KRS 343.101(3)

      (8) "Joint apprenticeship committee" means a committee, composed of an equal number of representatives of employers and employees, which has been established by an employer or group of employers and a bona fide collective bargaining agent or agents to conduct, operate, or administer an apprenticeship program and enter into apprenticeship agreements with apprentices selected for employment under the particular program.

      (9) "Nonjoint apprenticeship sponsor" means an apprenticeship program sponsor in which a bona fide collective bargaining agent does not participate, such as:

      (a) An individual nonjoint sponsor, i.e., an apprenticeship program sponsored by one (1) employer without the participation of a union; and

      (b) A group nonjoint sponsor, i.e., an apprenticeship program sponsored by two (2) or more employers without the participation of a union.

      (10) "Registration of an apprenticeship program" means the acceptance and recording of the program by the supervisor, which confirms that the program meets the basic standards and requirements for approval as indicated by written evidence.

      (11) "Related instruction" is defined by KRS 343.010(11).

      (12) "Sponsor" is defined by KRS 343.010(9).

      (13) "Supervisor" is defined by KRS 343.010(5).

 

      Section 2. (1) An apprenticeship program shall not be eligible for registration unless:

      (a) it is in conformity with the requirements of this administrative regulation and the training is in an apprenticeable occupation approved by the Bureau; and

      (b) it is in conformity with the regulations on "Equal Employment Opportunity in Apprenticeship and Training" set forth in 29 C.F.R. Part 30, as amended, and Kentucky law on "Equal Employment Opportunity in Apprenticeship and Training" set forth in KRS Chapter 344.

      (2) Approved apprenticeship programs shall be accorded registration, evidenced by a certificate of registration or other written indicia.

      (3) Any modification or change to a registered program shall be promptly submitted to the registration office and, if approved, shall be recorded and acknowledged as an amendment to the program.

      (4) The request for registration of an apprenticeship program, together with all documents and data required by this administrative regulation, shall be submitted in three (3) copies.

      (5)(a) If a program is proposed for registration by an employer or employers' association, written acknowledgement of union agreement or "no objection" to the registration shall be required if:

      1. The standards, collective bargaining agreement, or other instrument provides for participation by a union in any manner in the operation of substantive matters of the apprenticeship program; and

      (b) If union participation is not evidenced and practiced, the employer or employers' association shall simultaneously furnish a copy of the apprenticeship program and its application for registration to the union collective bargaining agent, if any, of the employees to be trained.

      (c) The supervisor shall provide a reasonable time period of not less than thirty (30) days nor more than sixty (60) days for receipt of any union comments before final action on the approval.

      (6) If the employees to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by an employer or group of employers.

 

      Section 3. The following standards shall apply to an apprenticeship program:

      (1) The program shall be an organized, written plan embodying the terms and conditions of qualification, recruitment, selection, employment, training, and supervision of one (1) or more apprentices in an apprenticeable occupation and subscribed to by a sponsor who has undertaken to carry out the apprentice training program.

      (2) The standards shall contain the equal opportunity pledge prescribed in the Kentucky State Plan for equal employment opportunity in apprenticeship and, if applicable, an affirmative action plan and a selection method in accordance with the Kentucky State Plan for equal employment opportunity in apprenticeship, and provisions concerning the following:

      (a) The employment and training of the apprentice in a skilled trade;

      (b) A term of apprenticeship, not less than 2,000 hours of work experience, consistent with training requirements as established by industry practices;

      (c) 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 time to be spent in each major process;

      (d) Provision for organized related and supplemental instruction in technical subjects related to the trade. A minimum of 144 hours for each year of apprenticeship shall be required. The instruction may be given in a classroom, through trade, industrial, or correspondence courses of equivalent value, or other forms of approved self-study;

      (e) A progressively increasing schedule of wages to be paid the apprentice consistent with the skill acquired and whether the required school time shall be compensated. The entry wage shall not be less than forty (40) percent of the established journeyman rate or not less than the minimum wage prescribed by federal or state law, whichever is greater. On projects where the wage rate has been established by law, the apprentice's rate of pay shall be based upon the established journeyman rate;

      (f) Periodic review and evaluation of the apprentice's progress in job performance and related instruction and maintenance of appropriate progress records;

      (g) The ratio of apprentices to journeymen consistent with proper supervision, training, and continuity of employment, and applicable provisions in collective bargaining agreements, but in a ratio of not more than one (1) apprentice for the first journeyman, and one (1) apprentice for each additional three (3) journeymen; unless approval is granted by the supervisor in cooperation with the executive director and Apprenticeship and Training Council;

      (h) A probationary period of not more than four (4) months during which the apprenticeship agreement may be terminated by either party, with full credit for this period toward completion of apprenticeship;

      (i) Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction;

      (j) Grant of advance standing or credit for previously acquired experience, training skills, or aptitude for all applicants equally, with commensurate wages for any accorded progression step;

      (k) Transfer of employer's training obligation to another employer, if warranted, with full credit to apprentice for satisfactory time and training earned;

      (l) Assurance of qualified training personnel;

      (m) The placement of an apprentice under an apprenticeship agreement as required by KRS Chapter 343 and 803 Chapter 1. The agreement shall directly, or by reference, incorporate the standards of the program as part of the agreement;

      (n) The required minimum qualifications for persons entering an apprenticeship program, with an eligible starting age to be not less than sixteen (16) years;

      (o) Recognition for successful completion of apprenticeship evidenced by an appropriate certificate;

      (p) Identification of the registration agency;

      (q) Name and address of the appropriate authority under the program to receive, process, and make disposition of complaints;

      (r) Recording and maintenance of all records concerning apprenticeship as may be required by the state apprenticeship agency or other applicable law; and

      (s) Provision that all controversies or differences shall be resolved in accordance with KRS 343.050(8).

 

      Section 4. The apprenticeship agreement shall contain explicitly:

      (1) The information required by KRS 343.050;

      (2) The signatures required by KRS 343.060;

      (3) Name and address of the program sponsor and registration agency;

      (4) A reference incorporation as part of the agreement standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement; and

      (5) A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, national origin, sex, or age..

 

      Section 5. Deregistration of a program may be initiated upon the voluntary action of the sponsor by request for cancellation of the registration, or upon a finding of good and sufficient reason by the supervisor instituting formal deregistration proceedings in accordance with the provisions of this section.

      (1) Request by sponsor. The supervisor may cancel the registration of an apprenticeship program for good and sufficient reason by written acknowledgment of the request stating, but not limited to, the following matters:

      (a) The registration is cancelled at sponsor's request, the reason for the cancellation, and effective date; and

      (b) That, within fifteen (15) days of the date of the acknowledgment, the sponsor shall notify all apprentices:

      1. Of the cancellation, the reason for the cancellation, and the effective date;

      2. That the cancellation automatically deprives the apprentice of individual registration; and

      3. That the deregistration of the program removes the apprentice from coverage for state and federal purposes.

      (2) Formal deregistration. Deregistration proceedings may be undertaken if the apprenticeship program is not conducted, operated, and administered in accordance with the registered provisions or the requirements of this administrative regulation, except that deregistration proceedings for violation of equal opportunity requirements shall be processed in accordance with the provisions in the Kentucky State Plan for equal employment opportunity in apprenticeship.

      (a) If it appears the program is not being operated in accordance with the registered standards or this administrative regulation, the supervisor shall so notify the program sponsor in writing. The notice shall be sent by certified mail, with return receipt requested. The notice shall state the violations and the remedy required, and that a determination of reasonable cause for deregistration will be made unless corrective action is effected within fifteen (15) days. Upon request by the sponsor for good cause, the fifteen (15) day term may be extended by the supervisor. During the period for correction, the sponsor shall be assisted in every reasonable way to achieve conformity. If the required correction is not effected within the allotted time, the supervisor shall send a notice to the sponsor, by certified mail, return receipt requested, stating the following:

      1. The notice is sent pursuant to this section;

      2. Certain deficiencies (stating them) were called to sponsor's attention and remedial measures requested, with dates of the occasions and letters; and that the sponsor has failed or refused to effect correction; and

      3. Based upon the stated deficiencies and failure of remedy, a determination of reasonable cause has been made and the program may be deregistered unless, within fifteen (15) days of the receipt of this notice, the sponsor requests a hearing.

      (b) If a request for a hearing is not made, the supervisor shall issue a determination with respect to deregistration of the program.

      (c) If the sponsor has not requested a hearing, the supervisor shall file his determination with the executive director. This determination shall contain all pertinent facts and circumstances concerning the nonconformity, including the findings and copies of all relevant documents and records.

      (d) The supervisor's determination shall become final in accordance with KRS 343.070.

      (e) If the sponsor requests a hearing, the executive director shall convene a hearing after due notice to the parties and shall make a final decision on the basis of the record before him.

      (f) Any party to the dispute aggrieved by the order or decision of the executive director may appeal in accordance with KRS 343.070.

 

      Section 6. Any 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 administrative regulation by any recognized state apprenticeship agency or by the bureau, shall be accorded registration or approved reciprocity by the supervisor if this reciprocity is requested by the sponsoring entity. (LAB 1; 1 Ky.R. 47; eff. 10-2-74; Am. 4 Ky.R. 65, 177; eff. 11-2-77; TAm eff. 8-9-2007; 35 Ky.R. 1909; 2432; eff. 6-5-09.)