Division of Employment and Training
Council on Apprenticeship and Training
Statutory Authority: 19 Delaware Code, Section 202 (a) (19 Del.C. §202(a))
Apprenticeship and Training Rules and Regulations
Public hearings before the Council on Apprenticeship and Training were held at Buena Vista on June 10, 1997 and March 10, 1998, to obtain comments related to proposed rule changes. Subsequently, the Secretary of Labor suggested a change to the definition of Apprentice. Because more than 12 months had elapsed since the end of the public comments period, another public hearing was held on August 2, 1999, after due notice. At the meeting that followed a quorum of the Council recommended that changes to the Rules and Regulations be adopted pursuant to the authority of the Secretary of Labor based on the following Summary of the Evidence and Information submitted during all of the periods of public comment and recommended Findings of Fact.
I. SUMMARY OF THE EVIDENCE AND
INFORMATION SUBMITTED:
At the public hearings held June 10, 1997 and March 10, 1998 the following members of the public addressed Council:
1. On June 10, 1997, Stan Klein, Joint Apprenticeship and Training Committee for Local 313 of the International Brotherhood of Electrical Workers, suggested that clear and concise rules are essential. He expressed concern that the term Afull-time@ should be defined so training could be completed predictably. There is concern about apprentices being used outside the trade though the rules should not prevent using a good employee in some other capacity when there is a shortage of work.
On March 10, 1998, Stan Klein supported the intent of the full-time language to avoid prolonging programs to 8-9 years but believes it should mean working all the hours available, which may not be 40 hours per week.
2. On June 10, 1997, Bill McCloskey, President of the Delaware Building Trades and President of Ironworkers Local 451, supported the inclusion of Afull-time@ language in the rules. He thought using an apprentice in another field in slow periods could be limited by Council.
On March 10, 1998, he said apprentices should not be abused by employers and working outside the classification should not be counted.
3. On June 10, 1997, Ed Capadanno, Executive Director of Associated Builders and Contractors, spoke in support of the proposed regulations.
On March 10, 1998, he said the Afull-time@ language needed clarification. Some employers may be disqualified from the program. Enforcement is more than the present staff can handle.
4. On March 10, 1998, Karen Peterson, Director of Industrial Affairs, did not object to the change, but explained conflicts with prevailing wage enforcement. Full-time defined as a 40 hour work week may create problems. Trade definitions do not match classification definitions in the prevailing wage regulations. Forty hours per week is unrealistic in construction trades. She suggested as an alternative that the apprentice work Aexclusively@ in the trade not 40 hours a week. There may be a chilling effect on apprenticeship in rate jobs. She also had concern with the registration. Finally, apprentices can work in more than one trade based on classifications in the prevailing wage regulations.
5. Ralph G. Degli Obizzi, Jr., supported Karen Peterson’s remarks. Full-time isn=t clear.
6. George Elseroad, Bureau of Apprenticeship and Training, U.S. DOL expressed concern over the affect of Afull-time language@ on school-to-work programs.
7. Lawrence Sontowski, Department of Labor, described State programs that don=t provide a 40 hour week.
8. Don Clagg, Local 19 Sheet Metal Workers, believes the last sentence in 106.2(c) is important. He is concerned when an apprentice is worked as a laborer outside his trade and paid a lower wage.
9. Michael Benefield, Director of Division of Employment and Training, indicated that the enforcement of full-time is not within the capability of existing personnel.
10. John Czerwinski, Plumbers and Steamfitters, commented that Delaware should ensure data is collected to demonstrate 40% completion of programs.
At the public hearing held August 2, 1999 the following members of the public addressed Council:
11. Edward Capadanno, Executive Director of ABC, is seeking clarification of the term “on site visits” which was provided. He also wanted clarification of the “reciprocity” memoranda of understanding with other states. None currently exist. The ABC supports the changes.
12. Stan Klein, Local 313 JATC, commented that the process has taken two years and has been frustrating. The goal is to safeguard apprentices and the process should move forward. He had comments about “registration” and recommended removing the language “other written documentation”. He also commented on Sec. 106.3(I) changes. He thought the rules contained changes that may help solve problems that exist today.
The Council received and hereby incorporates the following correspondence:
1. A letter dated June 9, 1997, from Stanley R. Klein proposing definition of Aapprentice@ and Afull-time@.
2. A letter from Joseph Seller Jr., Training Coordinator Sheet Metal Workers= Joint Apprenticeship and Training Fund, dated June 18, 1997, proposing a definition for Aapprentice.@
3. A letter dated June 24, 1997, from William J. McCloskey, President of Delaware Building Trades Council and President of Ironworkers Local 451, supporting the inclusion of a Afull-time@ definition in the rules.
4. A letter dated February 25, 1998, from Ralph G. Degli Obizzi, Jr., Executive Vice President of Ralph G. Degli Obizzi and Sons, Inc., expressing concern about sick and personal days in the full-time definition.
5. A letter dated March 10, 1998, from Karen Peterson indicating concern about the definition of Afull-time@ and the difference in the trade and prevailing wage job classification descriptions.
II. RECOMMENDED FINDINGS OF FACT BASED ON THE SUMMARY OF EVIDENCE AND INFORMATION:
Council recommends that the Secretary of Labor find that the Rules and Regulation should be amended to ensure a clear understanding of the rights and obligations arising from the apprenticeship relationship. The language for certificate approval in Rule 106.2(Q) should be clarified to include the “Department of Labor” as the source of documentation. The equal opportunity languages in Sec. 106.5 should include “disability” as a class. The Council finds that the definition of Aapprentice@ should ensure that all hours worked by the apprentice should be credited to the wage progression increments. However, defining Afull-time@ by the number of hours required to be provided by the sponsor is unrealistic, particularly in some trades and could discourage sponsors from offering programs. In addition, ambiguity could create problems with enforcement.
III. RECOMMENDED DECISION
Having considered the proposed rules and the evidence and information received, a majority of a quorum of the Council on Apprenticeship and Training recommends that the Secretary of Labor adopt the changes to the Rules and Regulations attached hereto as Exhibit AA@ to update and clarify the Rules and Regulations to achieve the policy declared in 19 Del. C. Section 201.
Council on Apprenticeship & Training
Eugene Battaglia, Chairman
James T. Clothier
Paul Cherry
D. Robert Buccini
Bonnie Embry
Edward J. Brady
Lewis Atkinson
V. ORDER AND EFFECTIVE DATE
The Findings of Fact made by the Council on Apprenticeship and Training are hereby adopted. Pursuant to the Powers and duties of the Department of Labor under 19 Del. C. Section 202, the changes to the Rules and Regulations attached hereto as Exhibit AA@ are hereby adopted to take effect ten (10) days following publication in the Delaware Register of Regulations.
SO ORDERED this 30th day of September, 1999.
DEPARTMENT OF LABOR
Lisa L. Blunt-Bradley
Secretary of Labor
Index
Section Number Section
106.1 Purpose and Scope Declaration of Policy
106.2 Definitions
106.3 Eligibility and Procedure for State Registration
106.4 Criteria For Apprenticeable Occupations
106.5 Standards of Apprenticeship
106.6 Apprenticeship Agreement
106.9 7 Complaints
106.8 Related Instruction Requirements
106.9 7 Deregistration of State Registered Program
106.9 10 Hearing
106.10 11 Reinstatement of Program Registration
106.11 12 Program Registration Denial
106.12 13 Amendment to the Regulations In This Part
PURPOSE AND SCOPE
(A) Section 204, Chapter 2, Title 19, Delaware Code authorizes and directs the Department of Labor to formulate regulations to promote the furtherance of labor standards necessary to safeguard the welfare of Apprentices and to extend the applications of such standards by requiring their inclusion in apprenticeship contracts.
(B) The purpose of this chapter is to set forth labor standards to safeguard the welfare of Apprentices and to extend the application of such standards by prescribing policies and procedures concerning the registration of acceptable Apprenticeship Programs with the Delaware Department of Labor.
(C) These labor standards and procedures cover the Registration and Cancellation of Apprenticeship Agreements and of Apprenticeship Programs; and matters relating thereto. Any questions [and/or] to request a copy of Delaware’s Prevailing Wage Regulations regarding the employment of apprentices on state-funded construction projects must be referred to:
Delaware Department of Labor
Office of Labor Law Enforcement
4425 North Market Street
Wilmington, DE 19802
(302) 761-8200
DECLARATION OF POLICY
It is declared to be the policy of this State to:
(A) encourage the development of an apprenticeship and training system through the voluntary cooperation of management and workers and interested State agencies and in cooperation with other states and the federal government;
(B) provide for the establishment and furtherance of Standards of Apprenticeship and Training to safeguard the welfare of Apprentices and trainees;
(C) aid in providing maximum opportunities for unemployed and employed persons to improve and modernize their work skills; and
(D) contribute to a healthy economy by aiding in the development and maintenance of a skilled labor force sufficient in numbers and quality to meet the expanding needs of industry and to attract new industry.
SEC. 106.2 DEFINITIONS
As used in this part:
(A) "ADMINISTRATOR" refers to the Administrator of the Apprenticeship and Training Section for the State Department of Labor.
“ADMINISTRATOR” refers to the Administrator of the Office of Apprenticeship and Training for the State Department of Labor.
(B) "AGREEMENT" refers to a written agreement between an Apprentice and either his/her employer or an Apprenticeship Committee acting as agent for the Employer which contains the terms and conditions of the employment and training of the Apprentice.
(C) "APPRENTICE" refers to a person at least sixteen years of age who is engaged “FULL TIME” in learning a recognized skilled trade through actual work experience under the supervision of a Journeypersons. This person must enter into a written Apprenticeship Indenture Agreement with a registered apprenticeship sponsor. The training must be supplemented with properly coordinated studies of related technical instruction. All hours worked by a registered apprentice, while in the employ of the apprentice’s sponsor, shall be considered apprenticeship hours to be counted toward wage progression increments and completion of his/her on-the-job training hours as set forth in the Apprenticeship Indenture Agreement. "FULL TIME" refers to a position which is employed a minimum of forty (40) hours per week, eight (8) hours per day in the classifications as stated in the Apprenticeship Agreement under which the Apprentice is Registered. At no time shall the Apprentice be employed at a job classification other than those to which the Apprentice is Registered.
(D) "APPRENTICESHIP STANDARDS" refers to the document which embodies the procedure for the selection and the training of apprentices, setting forth the terms of the training, including wages, hours, conditions of employment, training on the job, and related instruction. The duties and responsibilities of the Sponsor, including administrative procedures, are set forth in their company’s policies.
(E) “BAT” refers to the U.S. Department of Labor, Bureau of Apprenticeship and Training.
(F) "CANCELLATION" refers to the deregistration of a Program or the Termination of an Agreement.
(G) "COMMITTEE" refers to those persons designated by the Sponsor to act on its behalf in the administration of the Apprenticeship Program. A Committee may be "joint" i.e., it is composed of an equal number of representatives of the employer(s) and of the employee(s) represented by a bona fide collective bargaining agent(s) and has been established to conduct, operate or administer a Program and enter into Agreements with Apprentices. A Committee may be "unilateral" or "non-joint" and shall mean a Program Sponsor in which a bona fide collective bargaining agent is not a participant.
(H) "COUNCIL" refers to the [State's Governor’s Advisory] Council On Apprenticeship and Training.
(I) “DELAWARE RESIDENT CONTRACTOR” includes any general contractor, prime contractor, construction manager, subcontractor or other type of construction contractor who regularly maintains a place of business in Delaware. Regularly maintaining a place of business in Delaware does not include site trailers, temporary structures associated with one contract or set of related contracts, nor the holding, nor the maintaining of a post office box within this State. The specific intention of this definition is to maintain consistency with Title 30, Delaware Code, [section 2501(3)] “Resident Contractor”.
(J) "DIRECTOR" refers to the Director of the Division of Employment and Training.
(K) "DIVISION" refers to the Division of Employment and Training, Department of Labor, state of Delaware.
(L) "EMPLOYER" refers to any person or organization employing an Apprentice, whether or not such person or organization is a party to an Apprenticeship Agreement.
(M) "JOURNEYPERSON" refers to a worker who is fully qualified as a skilled worker in a given craft or trade.
(N) “ON-SITE VISIT” refers to a visit from a representative of the State of Delaware, Department of Labor, Division of Employment and Training to the office and/or the actual field job-site of the Sponsor, for the purposes of inspecting and/or monitoring the progress and training of the Registered Apprentice. This monitoring may include but is not limited to interviewing the Apprentice and the auditing of pertinent documents relative to the maintenance and enforcement of the terms of the Apprenticeship Agreement.
(O) "PROGRAM" refers to an executed apprenticeship plan which contains all terms and conditions for the qualifications, recruitment, selection, employment and training of Apprentices, including such matters as the requirements for a written Apprenticeship Agreement.
(P) "REGISTRANT OR SPONSOR" refers to any person, association, committee or organization in whose name or title the Program is (or is to be) registered or approved regardless of whether or not such entity is an Employer. To be eligible, the Registrant or Sponsor must be a “Delaware Resident Contractor” or hold and maintain a “Delaware Resident Business License”. The Registrant or Sponsor must hold and maintain a permanent place of business, not to include site trailers or other facilities serving only one contract or related set of contracts. To be eligible to be a Registrant or Sponsor, Employer/Business, association, committee or organization must have the training program and an adequate number of Journey persons to meet the ratio requirements as stated for that particular apprenticeable occupation.
(Q) "REGISTRATION" refers to the acceptance and recording of an Apprenticeship Program by the Delaware Department of Labor, Office of Apprenticeship and Training, as meeting the basic standards and requirements of the Division for approval of such Program. Approval is evidenced by a Certificate or other written indicia documentation. Registration also refers to the acceptance and recording of Apprenticeship Agreements thereof, by the Delaware Department of Labor, Office of Apprenticeship and Training, as evidence of the participation of the Apprentice in a particular Registered apprenticeship Program.
(R) "RELATED INSTRUCTION" refers to a formal and systematic form of instruction designed to provide the Apprentice with knowledge of the theoretical and technical subjects related to his/her trade.
(S) "SECRETARY" refers to the Secretary of Labor.
(T) "STATE" refers to the state of Delaware
(U) “SUPERVISORY INSPECTION” shall mean the same as “ON SITE VISIT”.
SEC. 106.3 ELIGIBILITY AND PROCEDURE FOR STATE REGISTRATION
(A) No Program or Agreement shall be eligible for State Registration unless it is in conformity with the requirements of this chapter, and the training is in an apprenticeable occupation having the characteristics set forth in SEC. 106.4 herein.
(B) Apprentices must be individually registered under a Registered Program with the State of Delaware, Department of Labor, Division of Employment and Training. Such registration shall be effected by filing copies of each Agreement with the State. Sponsors registered with states other than the State of Delaware shall not be construed as being registered for State of Delaware Apprenticeship Program Registration purposes.
(C) The State must be properly notified through the proper office Department of Labor, Division of Employment & Training, Office of Apprenticeship & Training of cancellation, suspension or termination of any Agreements, (with cause for same) and of apprenticeship completions. The State will attempt, where applicable, to verify the cause of apprenticeship termination.
(D) Approved Programs shall be accorded Registration, evidenced by a Certificate of Registration. The Certificate of Registration for an approved Program will be made in the name of the Program Sponsor and must be renewed every four (4) years.
(E) Any modification(s) or change(s) to registered standards shall be promptly submitted to the State through the appropriate office no later than thirty (30) days and, if approved, shall be recorded and acknowledged as an amendment to such standards.
(F) The request for registration and all documents and data required by this chapter shall be submitted in triplicate. Individual Agreements shall be submitted to the State Apprenticeship and Training Office for Registration no later than thirty (30) calendar days after the trainee has started work in the registered Program. Agreements submitted after said time shall be considered a violation of the rules and regulations and will not be honored.
(G) Under a Program proposed for Registration by an Employer or Employer’s Association, where the standards, collective bargaining agreement or other instrument provides for participation by a union in any way in the operation of the Program, and such participation is exercised, written acknowledgment of a union agreement or “no objection” to the Registration is required. Where no such participation is evidenced and practiced, the Employer shall simultaneously furnish to the union a copy of its Program application. In addition, upon receipt of the application for the Program, the State shall promptly send by certified mail to such local union another copy of the Program application and together with a notice that union comments will be accepted for thirty (30) days after the date of the agency transmittal.
(H) Where the employees to be trained have no collective bargaining agent, a program plan may be proposed for Registration by an Employer or groups of Employers.
(I) A Program may be Registered Sponsor may register Programs in one or more occupations simultaneously or individually with the provision that the Program Sponsor shall, within sixty (60) days of Registration, be actively training Apprentices on-the-job and related study must begin within twelve (12) months for in each occupation for which Registration is granted. At no time shall an individual Apprentice be employed in more than one (1) occupation, nor signed to more than one (1) Apprenticeship Agreement at any given time.
(J) Each occupation for which a Program Sponsor holds Registration shall be subject to Cancellation if no active training of Apprentices on the job has occurred within a consecutive one hundred eighty (180) day period or if no Related Instruction has begun within a twelve (12) month period from the date of Registration or in any twelve (12) month period during the duration of that Agreement.
(K) Each Sponsor of a Program shall submit to an on-site inspection or supervisory visit and shall make all documents pertaining to the Registered Program available to appropriate representatives of the Apprenticeship and Training Office or designated service personnel upon request.
(L) Each Sponsor shall be so routinely examined, by the Office of Apprenticeship and Training, at least annually, but not more than every six (6) months, unless a specific violation is suspected or a specific document is being investigated.
(M) The Sponsor shall notify the State Registration Agency of termination or lay-off from employment of a Registered Apprentice or of the completion of the terms of the Apprenticeship Agreement within thirty (30) calendar days of such occurrence.
(N) The Sponsor shall notify the State of failure to obtain and register the Apprentice in an approved course of Related Instruction as stated and detailed on the Apprenticeship Agreement within (30) calendar days of such occurence.
(O) It shall be the responsibility of the Sponsor to monitor the progress and attendance of the Apprentice in all phases of training such as, but not limited to, on-the-job and/or Related Training.
SEC.106.4 CRITERIA FOR APPRENTICEABLE OCCUPATIONS
An APPRENTICEABLE occupation is a skilled trade which possesses all of the following characteristics:
(A) It is customarily learned in a practical way through training and work on the job.
(B) It is clearly identified and commonly recognized throughout the industry, or recognized with a positive view towards changing technology or approved by the Delaware Department of Labor, Office of Apprenticeship & Training.
(C) It involves manual, technical or mechanical skills and knowledge which require a minimum of two thousand (2,000) hours of on-the-job training, not including the time spent in Related Instruction.
(D) It customarily requires Related Instruction to supplement the on-the-job training.
(E) It involves the development of skills sufficiently broad enough to be applicable in similar occupations throughout the industry, rather than a restricted application to the products or services of any one company.
SEC. 106.5 STANDARDS OF APPRENTICESHIP
The following standards are prescribed for a Program.
(A) The Program must include an organized, written plan delineating the terms and conditions of employment. The training and supervision of one or more Apprentices in an apprenticeable occupation must become the responsibility of the Sponsor who has undertaken to carry out the Apprentice’s training program.
(B) The standards must contain provisions concerning the following:
(1) The employment and training of the Apprentice in a skilled occupation;
(2) an equal opportunity pledge stating the recruitment, selection, employment and training of Apprentices during their apprenticeships shall be without discrimination based on: race, color, religion, national origin or sex. When applicable, an affirmative action plan in accordance with the State’s requirements for federal purposes must be instituted;
(3) the existence of a term of apprenticeship, not less than one year or two thousand (2,000) hours consistent with training requirements as established by industry practice;
(4) an outline of the work processes in which the Apprentice will receive supervised work experience and on-the-job training, and the allocation of the approximate time to be spent in each major process;
(5) provision for organized related and supplemental instruction in technical subjects related to the trade. A minimum of one hundred forty-four (144) hours for each year of apprenticeship is required. Such instruction may be given in a classroom, through trade, industrial or approved correspondence courses of equivalent value or in other forms approved by the State Department of Labor, Office of Apprenticeship & Training;
(6) a progressively increasing schedule of wage rates to be paid the Apprentice, consistent with the skill acquired which shall be expressed in percentages of the established Journeyperson’s hourly wage;
(7) Minimum Wage Progression for 1 through 7 year Apprentice Program as follows:
1) 1 to 7 year programs
2) starting pay must be at least minimum wage
3) final period must be at least 85%
1 YEAR [OR] 2,000 HOUR APPRENTICESHIP PROGRAM:
1st 1,000 hours: 40%
2nd 1,000 hours: 85%
2 YEAR [OR] 4,000 HOUR APPRENTICESHIP PROGRAM:
1st 1,000 hours: 40%
2nd 1,000 hours: 51%
3rd 1,000 hours: 63%
4th 1,000 hours: 85%
3 YEAR [OR] 6,000 HOUR APPRENTICESHIP PROGRAM:
1st 1,000 hours: 40%
2nd 1,000 hours: 48%
3rd 1,000 hours: 57%
4th 1,000 hours: 65%
5th 1,000 hours: 74%
6th 1,000 hours: 85%
4 YEAR [OR] 8,000 HOUR APPRENTICESHIP PROGRAM:
1st 1,000 hours: 40%
2nd 1,000 hours: 46%
3rd 1,000 hours: 53%
4th 1,000 hours: 59%
5th 1,000 hours: 65%
6th 1,000 hours: 71%
7th 1,000 hours: 78%
8th 1,000 hours: 85%
5 YEAR [OR] 10,000 HOUR APPRENTICESHIP PROGRAM:
1st 1,000 hours: 40%
2nd 1,000 hours: 45%
3rd 1,000 hours: 50%
4th 1,000 hours: 55%
5th 1,000 hours: 60%
6th 1,000 hours: 65%
7th 1,000 hours: 70%
8th 1,000 hours: 74%
9th 1,000 hours: 79%
10th 1,000 hours: 85%
6 YEAR [OR] 10,000 HOUR APPRENTICESHIP PROGRAM:
1st 1,000 hours: 40%
2nd 1,000 hours: 44%
3rd 1,000 hours: 48%
4th 1,000 hours: 52%
5th 1,000 hours: 56%
6th 1,000 hours: 60%
7th 1,000 hours: 64%
8th 1,000 hours: 68%
9th 1,000 hours: 72%
10th 1,000 hours: 76%
11th 1,000 hours: 81%
12th 1,000 hours: 85%
7 YEAR [OR] 10,000 HOUR APPRENTICESHIP PROGRAM:
1st 1,000 hours: 40%
2nd 1,000 hours: 43%
3rd 1,000 hours: 47%
4th 1,000 hours: 50%
5th 1,000 hours: 54%
6th 1,000 hours: 57%
7th 1,000 hours: 61%
8th 1,000 hours: 64%
9th 1,000 hours: 68%
10th 1,000 hours: 71%
11th 1,000 hours: 74%
12th 1,000 hours: 78%
13th 1,000 hours: 81%
14th 1,000 hours: 85%
(8) that the entry Apprentice wage rate shall not be less than the minimum prescribed by State statute or by the Fair Labor Standards Act, where applicable;
(9) That the established Journeyperson’s hourly rate applicable among all participating Employers be stated in dollars and cents. No Apprentice shall receive an hourly rate less than the percentage for the period in which he/she is serving applied to the established Journeyperson’s rate unless the Sponsor has documented the reason for same in the individual Apprentice’s progress report and has explained the reason for said action to the Apprentice and Registration Agency.
In no case other than sickness or injury on the part of the Apprentice, shall a Sponsor hold back an Apprentice’s progression more than one period or wage increment without the written consent of the Administrator;
(10) That the established Journeyperson’s rate provided for by the Standards be reviewed and/or adjusted annually. Sponsors of Programs shall be required to give proof that all employees used in determining ratios of Apprentices to Journeypersons shall be receiving wages at least in the amount set for Journeypersons in their individual program standards, or are qualified to perform as Journey persons and must be paid at least the minimum journeyperson rate;
(11) that the minimum hourly Apprentice wage rate paid during the last period of apprenticeship not be less than eighty-five (85) percent of the established Journeyperson wage rate. Wages covered by a collective bargaining agreement takes precedent over this section. However, wages may not be below the State’s required minimum progression.
(C) The Program must include a periodic review and evaluation of the Apprentice’s progress in job performance and related instruction, and the maintenance of appropriate progress records.
(D) The ratio of Apprentices to Journeypersons should be consistent with proper supervision, training and continuity of employment or applicable provisions in collective bargaining agreements. The ratio of Apprentices to Journeypersons shall be one Apprentice to each five (5) Journeypersons employed by the prospective Sponsor. More restrictive ratios will be granted upon request. More liberal ratios may be granted only after the requesting Sponsor has demonstrated that the number of Apprentices to be trained shall be in relation to:
(1) the needs of the plant and/or trade in the community with consideration for growth and expansion;
(2) the facilities and personnel available for training are adequate; and
(3) a reasonable opportunity that employment of skilled workers on completion exists.
The following ratios will be recognized as standard for the trades of:
Apprentice up to Journeyperson
Carpenter 1 5
Plumber/Pipefitter 1 5
Sheet Metal Worker 1 4
Insulation Worker 1 4
Electrician 1 3
If a “collective bargaining agreement” exists and stipulates a ratio of Apprentices to Journeypersons, it shall prevail. Provided the Bargaining Ratio is not lower than the State standard.
(E) At least forty (40) percent of all Apprentices registered must complete training. Apprentices who voluntarily terminate their apprenticeships or employment shall not be counted in reference to this section. Programs with fewer than five (5) Apprentices shall not be required to comply with this part.
(F) A probationary period shall be in relation to the full apprenticeship term with full credit toward completion of apprenticeship.
(G) Adequate and safe equipment facilities for training and supervision and safety training for Apprentices on the job and in Related Instruction are required.
(H) The required minimum qualifications for persons entering an Apprentice Program as defined n Section 106.2(C) must be met.
(I) Apprentices must sign an Agreement. The Agreement shall directly, or by reference, incorporate the standards of the Program as part of the Agreement.
(J) Advance standing or credit up to one quarter 25% OJT hours of the particular trade term in question for previously acquired experience, training skills, or aptitude for all applicants equally, with commensurate wages for any accorded progression step may be granted. The granting of a greater amount of credit shall be set at the discretion of the Administrator based on supportive documentation submitted by the Sponsor. In no case shall more than one half of the particular trade term in question be granted unless the time in question has been spent in any state or federally registered program.
(K) Transfer of Employer’s training obligation through the sponsoring Committee if one exists and as warranted, to another Employer with consent of the Apprentice and the Committee or Program Sponsors, with full credit to the Apprentice for satisfactory time and training earned, may be afforded with written notice to, and approval of, the Registration Agency.
(L) These Standards shall contain a statement of assurance of qualified training personnel.
(M) There will be recognition for successful completion of apprenticeship evidenced by an appropriate certificate.
(N) These Standards shall contain proper identification of the Registration Agency, being the Department of Labor, Division of Employment & Training, Office of Apprenticeship & Training.
(O) There will be a provision for the Registration, Cancellation and Deregistration of the Program, and a requirement for the prompt submission of any modification or amendment thereto.
(P) There will be provisions for Registration of Agreements, modifications and amendments, notice to the Division of persons who have successfully completed Programs, and notice of Cancellations, suspensions and terminations of Agreements an causes therefore.
(Q) There will be a provision giving authority for the termination of an Agreement during the probationary period by either party without stated cause.
(R) There will be provisions for not less than five (5) days notice to Apprentices of any proposed adverse action and cause therefore with stated opportunity to Apprentices during such period for corrective action. unless other acceptable procedures are provided for in a collective bargaining agreement.
(S) There will be provisions for a grievance procedure, and the name and address of the appropriate authority under the program to receive, process and make disposition of complaints.
(T) There will be provisions for recording and maintaining all records concerning apprenticeships as may be required by the State or Federal law.
(U) There will be provisions for a participating Employer’s Agreement.
(V) There will be funding formula providing for the equitable participation of each participating Employer in funding of a group Program where applicable.
(W) All Apprenticeship Standards must contain articles necessary to comply with federal laws, regulations and rules pertaining to apprenticeship.
(X) Programs and Standards of Employers and unions in other than the building and construction industry which jointly form a sponsoring entity on a multi-state basis and are registered pursuant to all requirements of this part by any recognized State apprenticeship agency shall be accorded Registration of approval reciprocity by the Delaware Department of Labor if such reciprocity is requested by the sponsoring entity. However, reciprocity will not be granted in the Building and Construction industry based on Title 29 CFR 29 Section 12(b) unless a “memorandum of understanding” has been signed by [an] individual state and the state of Delaware.
SEC. 106.6 APPRENTICESHIP AGREEMENT
The Apprenticeship Agreement shall contain:
(A) the 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 of the Apprentice;
(C) the name and address of the program Sponsor and the Registrant;
(D) the Apprentice’s social security number;
(E) a statement of the trade or craft which the Apprentice is to be taught, and the beginning date and term (duration) of apprenticeship;
(F) the number of hours to be spent by the Apprentice in work on the job;
(G) the number of hours to be spent in Related and Supplemental Instruction is recommended to be not less than one hundred forty-four (144) hours per year;
(H) provisions relating to a specific period of probation during which the Apprenticeship Agreement may be terminated by either party to the Agreement upon written notice to the Registrant;
(I) provisions that, after the probationary period, the Agreement may be suspended, canceled or terminated for good cause, with due notice to the Apprentice and a reasonable opportunity for corrective action, and with written notice to the Apprentice and the Registrant of the final action taken;
(J) a reference incorporating, as part of the Agreement, the standards of the Apprenticeship Program as it exists on the date of the Agreement or as it may be amended during the period of the Agreement;
(K) a statement that the Apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training without discrimination based on race, color, religion, national origin, marital status, or sex, or disability;
(L) a statement that, if an Employer is unable to fulfill his obligation under his Agreement, the Agreement may, with consent of the Apprentice and Committee, if one exists, be transferred to another Employer under a Registered Program with written notice of the transfer to the Registrant, and with full credit to the Apprentice for satisfactory time and training earned;
(M) the name and address of the appropriate authority, if any, designated under the program to receive, process and make disposition of controversies or differences which cannot be adjusted locally or resolved in accordance with the established trade procedure or applicable collective bargaining provisions;
(N) a statement setting forth a schedule of work processes in the trade or industry in which the Apprentice is to be trained and the approximate time to be spent at each process;
(O) a statement of the graduated scale of wages to be paid the Apprentice and whether or not the required school time shall be compensated;
(P) a statement that in the event the Registration of the Program has been Canceled or revoked, the Apprentice will be notified within fifteen (15) days of the event.
SEC.106.8 7 COMPLAINTS
(A) Any controversy or difference arising under an Agreement which cannot be resolved locally, or which is not covered by a collective bargaining agreement, may be submitted by an Apprentice or his/her authorized representative to the State Registration Agency for review. Matters covered by a collective bargaining agreement, however, shall be submitted and processed in accordance with the procedures therein provided.
(B) The complaint shall be in writing, signed by the complainant, and submitted by the Apprentice or his/her authorized representative within sixty (60) days of receipt of local decision. The complaint shall set forth the specific problem, including all relevant facts and circumstances. Copies of all pertinent documents and correspondence shall accompany the complaint.
SEC. 106.8 RELATED INSTRUCTION REQUIREMENT
(I) (A) Regulations concerning Apprentices “attendance and tardiness” policy for related instruction.
(1) A registered Apprentice who misses seven (7) classes while enrolled in a related studies program at any of the vocational schools in the three (3) counties of the State of Delaware will be dropped from school. This will result in their Apprenticeship Agreement being terminated by their Sponsor and/or State Registration Agency.
(2) An absence will result when an Apprentice either arrives late or leaves early three (3) times. However, School District Officials may bring to the Administrator’s attention, individual cases that may have experienced extenuating circumstances. With the Administrator’s approval, such individuals may be granted exemption from this attendance policy.
(3) Courses of fewer sessions will be prorated. Instructors will inform Apprentices of allowable absences.
(4) If you are a Registered Apprentice who is enrolled through a trade union, trade society or any other organization that stipulates attendance rules more stringent than the above, then you are required to follow those regulations.
(5) Related Instruction that is delivered through a state approved “in-house program”, correspondence courses or other systems of equivalent value will require the Apprentice to produce a document detailing satisfactory participation and completion.
SEC. 106.7 9 DEREGISTRATION BY STATE
(A) Deregistration proceedings may shall be undertaken when the Program is not conducted, operated or administered in accordance with the Registration standards and the requirements of this chapter;
(B) Where it appears the Program is not being operated in accordance with the Registered standards or with the requirements of the chapter, the Administrator shall so notify the Program Registrant in writing;
(C) The notice shall be sent by registered or certified mail, return receipt requested, and shall state the deficiency(s) or violation(s);
(D) It is declared to be the policy of this State to:
(1) deny the privilege of operation of a Program to persons who, by their conduct and record, have demonstrated their indifference to the aforementioned policies; and
(2) discourage repetition of violations of rules and regulations governing the operation of Registered Apprenticeship Programs by individuals, Sponsors, or Committees against the prescribed policies of the State, and its political subdivisions, and to impose increased and added deprivation of the privilege to operate Programs against those who have been found in violation of these rules and regulations;
(3) deregister a Program either upon the voluntary action of the Registrant by a request for cancellation of the Registration, or upon notice by the State to the Registrant stating cause, and instituting formal deregistration proceedings in accordance with the provisions of this chapter;
(4) at the request of Sponsor, permit the Administrator to cancel the Registration of a Program by a written acknowledgment of such request stating, but not limited to, the following:
(a) the Registration is canceled at Sponsor’s request and giving the effective date of such cancellation.
(b) that, within fifteen (15) working days of the date of the acknowledgment, the Registrant must notify all Apprentices of such Cancellation and the effective date that such Cancellation automatically deprives the Apprentice of his/her individual Registration.
(E) Any Sponsor who violates major provisions of the rules repeatedly, as determined by the Administrator of Apprenticeship and Training (three or more violations in any given twelve month period), shall be sent a notice which shall contain the violations and will inform the Sponsor that the Program will be placed in a probationary status for the next six (6) month period. Any new major violations in this period shall constitute cause for deregistration. In such a case, the Administrator shall notify the chairman of the Apprenticeship and Training Council, who shall convene the Council.
The Sponsor in question will be notified of said meeting and may present whatever facts, witnesses, etc., that the Sponsor deems appropriate. After said hearing, the Council shall make a recommendation based on the facts presented to the Secretary, as to whether the Program should be deregistered. The Secretary’s decision shall be final and binding on the matter.
(F) Sponsors with fewer than three (3) violations shall be sent a notice by registered or certified mail, return receipt requested, stating the deficiencies found and the remedy required and shall state that the Program will be deregistered for cause unless corrective action is taken within thirty (30) days. Upon request by Registrant, the thirty (30) day period may be extended for up to an additional thirty (30) day period.
(G) If the required action is not taken within the allotted time, the Administrator shall send a notice to the Registrant by registered or certified mail, return receipt requested, stating the following:
(1) this notice is sent pursuant to this subsection;
(2) that certain deficiencies were called to the Registrant’s attention and remedial action requested;
(3) based upon the stated cause and failure of remedy, the Program will be deregistered, unless within fifteen (15) working days of receipt of this notice, the Registrant requests a hearing;
(4) If a hearing is not requested by the Registrant, the Program will automatically be deregistered.
(H) Every order of deregistration shall contain a provision that the Registrant and State shall, within fifteen (15) working days of the effective date of the order, notify all registered Apprentices of the deregistration of the Program, the effective date, and that such action automatically deprives the Apprentice of his/her individual Registration.
SEC.106.9 10 HEARINGS ON DEREGISTRATIONS
(A) Within ten (10) working days of a request for a hearing, the Administrator or his/her assignee designee, shall give reasonable notice of such hearing by registered mail, return receipt requested, to the Registrant. Such notice shall include:
(1) the time and place of the hearing;
(2) a statement of the provisions of the chapter pursuant to which the hearing is to be held;
(3) a statement of the cause for which the Program was deregistered and the purpose of the hearing.
(B) The chairman of the Council on Apprenticeship and Training or his/her designee shall conduct the hearing which shall be informal in nature. Each party shall have the right to counsel, and the opportunity to present his/her case fully, including cross-examination of witnesses as appropriate.
(C) The Administrator shall make every effort to resolve the complaint and shall render an opinion within ninety (90) days after receipt of the complaint, based upon the record before him and an investigation, if necessary. The Administrator shall notify, in writing, all parties of [his the] decision. If any party is dissatisfied or feels that they have been treated unfairly by said decision, they may request a hearing by the Apprenticeship and Training Council. Those provisions of the hearing process that are applicable shall be followed and said Council shall make a determination on the basis of the records and the proposed findings of the Administrator. This determination shall be subject to review and approval by the Secretary, whose decision shall be final.
SEC. 106.10 11 REINSTATEMENT OF PROGRAM REGISTRATION
A Program deregistered pursuant to this chapter may be reinstated upon presentation of adequate evidence that the Program is operating in accordance with this chapter. Such evidence shall be presented to the Apprenticeship and Training Council, which shall make a recommendation based on said evidence, past records and any other data deemed appropriate. After such presentation, the Council shall make a recommendation to the Secretary as to whether the Program should be reinstated. The Secretary’s decision shall be final and binding.
SEC. 106.11 12 PROGRAM REGISTRATION DENIAL
Any proposed Sponsor may, within fifteen (15) working days, request a hearing before the Apprenticeship and Training Council. If the proposed Sponsor requests a hearing, the Administrator shall advise the chairman of the Council, who shall convene the Council, for a hearing for the purpose of making a determination on the basis of the record and proposed findings of the Office of Apprenticeship & Training. This determination shall be subject to review and approval by the Secretary, whose decision shall be final and binding.
SEC. 106.12 13 AMENDMENT TO THE REGULATIONS IN THIS PART
The Secretary may, at any time upon his/her own motion or upon written request of any interested person setting forth reasonable grounds therefore, and after opportunity has been given to interested persons to present their views, amend or revoke any of the terms of the regulations contained in this part.