Labor Standards for the Registration of Apprenticeship Programs, 29 CFR 29 & 30

§ 25.7

29 CFR Subtitle A (7–1–03 Edition)

default after which the designated period of time begins to run, is not to be
included. The last day of the period so
computed is to be included, unless it is
a Saturday, Sunday or a Federal legal
holiday, in which event the period runs
until the end of the next day which is
neither a Saturday, Sunday nor a Federal legal holiday. When the period of
time prescribed, or allowed, is less than
7 days, intermediate Saturdays, Sundays and holidays shall be excluded
from the computations. Whenever a
party has the right or is required to do
some act or take some other proceedings within a prescribed period
after service of a notice or other paper
upon the Secretary or a party and the
notice is served upon him by mail, 3
days shall be added to the prescribed
period: Provided, however, That 3 days
shall not be added if any extension of
such time may have been granted.
(b) When these rules require the filing of any paper, such document must
be received by the Secretary or a party
before the close of business of the last
day of the time limit, if any, for such
filing or extension of time that may
have been granted.
§ 25.7 Fees; cost; expenses; decisions.
(a) Arbitrator’s fees, per diem and
travel expenses, and election expenses
for notices, ballots, postage, rentals,
assistance, etc., shall be borne entirely
by the agency.
(b) The standard fee for the services
of an arbitrator should be $100 per day.
Travel and per diem should be paid at
the maximum rate payable to Government employees under the Standardized Government Travel Regulations.
(c) The agency should provide the arbitrator with a copy of the transcript
of testimony taken at the hearing,
such transcript to be returned to the
agency upon the issuance of the arbitrator’s advisory decision.
(d) Costs involving assistance rendered by the Secretary’s Office in connection with advisory decisions or determinations under section 11 of the
order shall be limited to per diem,
travel expenses and services on a timeworked basis.
(e) Upon request, the Secretary will
make available copies of advisory decisions of arbitrators.

§ 25.8 Construction of rules.
The rules shall be liberally construed
to effectuate the purposes and provisions of the order.

PART 29—LABOR STANDARDS FOR
THE REGISTRATION OF APPRENTICESHIP PROGRAMS
Sec.
29.1 Purpose and scope.
29.2 Definitions.
29.3 Eligibility and procedure for Bureau
registration of a program.
29.4 Criteria for apprenticeable occupations.
29.5 Standards of apprenticeship.
29.6 Apprenticeship agreement.
29.7 Deregistration of Bureau-registered
program.
29.8 Reinstatement of program registration.
29.9 Hearings.
29.10 Limitations.
29.11 Complaints.
29.12 Recognition of State agencies.
29.13 Derecognition of State agencies.
AUTHORITY: Sec. 1, 50 Stat. 664, as amended
(29 U.S.C. 50; 40 U.S.C. 276c; 5 U.S.C. 301); Reorganization Plan No. 14 of 1950, 64 Stat. 1267
(5 U.S.C. App., p. 534).
SOURCE: 42 FR 10139, Feb. 18, 1977, unless
otherwise noted.

§ 29.1 Purpose and scope.
(a) The National Apprenticeship Act
of 1937, section 1 (29 U.S.C. 50), authorizes and directs the Secretary of Labor
‘‘to formulate and promote the furtherance of labor standards necessary to
safeguard the welfare of apprentices, to
extend the application of such standards by encouraging the inclusion
thereof in contracts of apprenticeship,
to bring together employers and labor
for the formulation of programs of apprenticeship, to cooperate with State
agencies engaged in the formulation
and promotion of standards of apprenticeship, and to cooperate with the Office of Education under the Department of Health, Education, and Welfare * * *.’’ Section 2 of the Act authorizes the Secretary of Labor to
‘‘publish information relating to existing and proposed labor standards of apprenticeship,’’ and to ‘‘appoint national advisory committees * * *.’’ (29
U.S.C. 50a).
(b) The purpose of this part is to set
forth labor standards to safeguard the
welfare of apprentices, and to extend

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§ 29.2

the application of such standards by
prescribing policies and procedures
concerning the registration, for certain
Federal purposes, or acceptable apprenticeship programs with the U.S. Department of Labor, Employment and
Training Administration, Bureau of
Apprenticeship and Training. These
labor standards, policies and procedures cover the registration, cancellation and deregistration or apprenticeship programs and of apprenticeship
agreements; the recognition of a State
agency as the appropriate agency for
registering local apprenticeship programs for certain Federal purposes;
and matters relating thereto.
(c) For further information about
this part 29, contact: Deputy Administrator, Bureau of Apprenticeship and
Training, Employment and Training
Administration, Room 5000, Patrick
Henry Building, Washington, DC 20213,
Telephone number (202) 376–6585.
§ 29.2

Definitions.

As used in ths part:
(a) Department shall mean the U.S.
Department of Labor.
(b) Secretary shall mean the Secretary of Labor or any person specifically designated by him.
(c) Bureau shall mean the Bureau of
Apprenticeship and Training, Employment and Training Administration.
(d) Administrator shall mean the Administrator of the Bureau of Apprenticeship and Training, or any person
specifically designated by him.
(e) Apprentice shall mean a worker at
least 16 years of age, except where a
higher minimum age standard is otherwise fixed by law, who is employed to
learn a skilled trade as defined in § 29.4
under standards of apprenticeship fulfilling the requirements of § 29.5.
(f) Apprenticeship program shall mean
a plan containing all terms and conditions for the qualification, recruitment, selection, employment and
training of apprentices, including such
matters as the requirement for a written apprenticeship agreement.
(g) Sponsor shall mean any person, association, committee, or organization
operating an apprenticeship program
and in whose name the program is (or
is to be) registered or approved.

(h) Employer shall mean any person
or organization employing an apprentice whether or not such person or organization is a party to an apprenticeship agreement with the apprentice.
(i) Apprenticeship committee shall
mean those persons designated by the
sponsor to act for it in the administration of the program. A committee may
be joint, i.e., it is composed of an equal
number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s) and has been established to conduct, operate, or administer an apprenticeship program and
enter into apprenticeship 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.
(j) Apprenticeship agreement shall
mean a written agreement between an
apprentice and either his employer, or
an apprenticeship committee acting as
agent for employer(s), which agreement contains the terms and conditions of the employment and training
of the apprentice.
(k) Federal purposes includes any Federal contract, grant, agreement or arrangement dealing with apprenticeship; and any Federal financial or
other assistance, benefit, privilege,
contribution, allowance, exemption,
preference or right pertaining to apprenticeship.
(l) Registration of an apprenticeship
program shall mean the acceptance and
recording of such program by the Bureau of Apprenticeship and Training, or
registration and/or approval by a recognized State Apprenticeship Agency,
as meeting the basic standards and requirements of the Department for approval of such program for Federal purposes. Approval is evidenced by a Certificate of Registration or other written indicia.
(m) Registration of an apprenticeship
agreement shall mean the acceptance
and recording thereof by the Bureau or
a recognized State Apprenticeship
Agency as evidence of the participation
of the apprentice in a particular registered apprenticeship program.
(n) Certification shall mean written
approval by the Bureau of:

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§ 29.3

29 CFR Subtitle A (7–1–03 Edition)

(1) A set of apprenticeship standards
developed by a national committee or
organization, joint or unilateral, for
policy or guideline use by local affiliates, as substantially conforming to
the standards of apprenticeship set
forth in § 29.5; or
(2) An individual as eligible for probationary employment as an apprentice under a registered apprenticeship
program.
(o) Recognized State Apprenticeship
Agency or recognized State Apprenticeship Council shall mean an organization
approved by the Bureau as an agency
or council which has been properly constituted under an acceptable law or Executive order, and has been approved
by the Bureau as the appropriate body
for State registration and/or approval
of local apprenticeship programs and
agreements for Federal purposes.
(p) State shall mean any of the 50
States of the United States, the District of Columbia, or any territory or
possession of the United States.
(q) Related instruction shall mean an
organized and systematic form of instruction designed to provide the apprenticeship with knowledge of the
theoretical and technical subjects related to his/her trade.
(r) Cancellation shall mean the termination of the registration or approval
status of a program at the request of
the sponsor or termination of an apprenticeship agreement at the request
of the apprentice.
(s) Registration agency shall mean the
Bureau or a recognized State Apprenticeship Agency.
§ 29.3 Eligibility and procedure for Bureau registration of a program.
(a) Eligibility for various Federal
purposes is conditioned upon a program’s conformity with apprenticeship
program standards published by the
Secretary of Labor in this part. For a
program to be determined by the Secretary of Labor as being in conformity
with these published standards the program must be registered with the Bureau or registered with and/or approved
by a State Apprenticeship Agency or
Council recognized by the Bureau.
Such determination by the Secretary is
made only by such registration.

(b) No apprenticeship program or
agreement shall be eligible for Bureau
registration unless (1) it is in conformity with the requirements of this
part and the training is in an
apprenticeable occupation having the
characteristics set forth in § 29.4 herein, and (2) it is in conformity with the
requirements of the Department’s regulation on ‘‘Equal Employment Opportunity in Apprenticeship and Training’’
set forth in 29 CFR part 30, as amended.
(c) Except as provided under paragraph (d) of this section, apprentices
must be individually registered under a
registered program. Such registration
may be effected:
(1) By filing copies of each apprenticeship agreement; or
(2) Subject to prior Bureau approval,
by filing a master copy of such agreement followed by a listing of the name,
and other required data, of each individual when apprenticed.
(d) The names of persons in their
first 90 days of probationary employment as an apprentice under an apprenticeship program registered by the Bureau or a recognized State Apprenticeship Agency, if not individually registered under such program, shall be
submitted immediately after employment to the Bureau or State Apprenticeship Agency for certification to establish the apprentice as eligible for
such probationary employment.
(e) The appropriate registration office must be promptly notified of the
cancellation, suspension, or termination of any apprenticeship agreement, with cause for same, and of apprenticeship completions.
(f) Operating apprenticeship programs when approved by the Bureau
shall be accorded registration evidenced by a Certificate of Registration.
Programs approved by recognized State
Apprenticeship Agencies shall be accorded registration and/or approval evidenced by a similar certificate or other
written indicia. When approved by the
Bureau, national apprenticeship standards for policy or guideline use shall be
accorded certification, evidenced by a
certificate attesting to the Bureau’s
approval.
(g) Any modification(s) or change(s)
to registered or certified programs

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§ 29.5

shall be promptly submitted to the registration office and, if approved, shall
be recorded and acknowledged as an
amendment to such program.
(h) Under a program proposed for registration by an employer or employers’
association, 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 acknowledgement 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 appplication for registration
and of the apprenticeship program. The
registration 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.
(i) Where 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.
(Approved by the Office of Management and
Budget under control number 1205–0223)
[42 FR 10139, Feb. 18, 1977; 42 FR 30836, June
17, 1977, as amended at 49 FR 18295, Apr. 30,
1984]

§ 29.4 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 a structured,
systematic program of on-the-job supervised training.
(b) It is clearly identified and commonly recognized throughout an industry.
(c) It involves manual, mechanical or
technical skills and knowledge which
require a minimum of 2,000 hours of onthe-job work experience.
(d) It requires related instruction to
supplement the on-the-job training.

§ 29.5 Standards of apprenticeship.
An apprenticeship program, to be eligible for registration/approval by a registration/approval agency, shall conform to the following standards:
(a) The program is an organized,
written plan embodying the terms and
conditions of employment, training,
and supervision of one or more apprentices in the apprenticeable occupation,
as defined in this part, and subscribed
to by a sponsor who has undertaken to
carry out the apprentice training program.
(b) The program standards contain
the equal opportunity pledge prescribed in 29 CFR 30.3(b) and, when applicable, an affirmative action plan in
accordance with 29 CFR 30.4, a selection method authorized in 29 CFR 30.5,
or similar requirements expressed in a
State Plan for Equal Employment Opportunity in Apprenticeship adopted
pursuant to 29 CFR part 30 and approved by the Department, and provisions concerning the following:
(1) The employment and training of
the apprentice in a skilled trade;
(2) A term of apprenticeship, not less
than 2,000 hours of work experience,
consistent with training requirements
as established by industry practice;
(3) 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;
(4) Provision for organized, related
and supplemental instruction in technical subjects related to the trade. A
minimum of 144 hours for each year of
apprenticeship is recommended. Such
instruction may be given in a classroom through trade or industrial
courses, or by correspondence courses
of equivalent value, or other forms of
self-study approved by the registration/
approval agency.
(5) A progressively increasing schedule of wages to be paid the apprentice
consistent with the skill acquired. The
entry wage shall be not less than the
minimum wage prescribed by the Fair
Labor Standards Act, where applicable,
unless a higher wage is required by
other applicable Federal law, State
law, respective regulations, or by collective bargaining agreement;

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§ 29.6

29 CFR Subtitle A (7–1–03 Edition)

(6) Periodic review and evaluation of
the apprentice’s progress in job performance and related instruction; and
the
maintenance
of
appropriate
progress records;
(7) The numeric ratio of apprentices
to journeymen consistent with proper
supervision, training, safety, and continuity of employment, and applicable
provisions in collective bargaining
agreements, except where such ratios
are expressly prohibited by the collective bargaining agreements. The ratio
language shall be specific and clear as
to application in terms of jobsite, work
force, department or plant;
(8) A probationary period reasonable
in relation to the full apprenticeship
term, with full credit given for such period toward completion of apprenticeship;
(9) Adequate and safe equipment and
facilities for training and supervision,
and safety training for apprentices on
the job and in related instruction;
(10) The minimum qualifications required by a sponsor for persons entering the apprenticeship program, with
an eligible starting age not less than 16
years;
(11) The placement of an apprentice
under a written apprenticeship agreement as required by the State apprenticeship law and regulation, or the Bureau where no such State law or regulation exists. The agreement shall directly, or by reference, incorporate the
standards of the program as part of the
agreement;
(12) The granting of advanced standing or credit for previously acquired
experience, training, or skills for all
applicants equally, with commensurate
wages for any progression step so
granted;
(13) Transfer of employer’s training
obligation when the employer is unable
to fulfill his obligation under the apprenticeship agreement to another employer under the same program with
consent of the apprentice and apprenticeship committee or program sponsor;
(14) Assurance of qualified training
personnel and adequate supervision on
the job;
(15) Recognition for successful completion of apprenticeship evidenced by
an appropriate certificate;

(16) Identification of the registration
agency;
(17) Provision for the registration,
cancellation and deregistration of the
program; and requirement for the
prompt submission of any modification
or amendment thereto;
(18) Provision for registration of apprenticeship
agreements,
modifications, and amendments; notice to the
registration office of persons who have
successfully completed apprenticeship
programs; and notice of cancellations,
suspensions and terminations of apprenticeship agreements and causes
therefor;
(19) Authority for the termination of
an apprenticeship agreement during
the probationary period by either party
without stated cause;
(20) A statement that the program
will be conducted, operated and administered in conformity with applicable
provisions of 29 CFR part 30, as amended, or a State EEO in apprenticeship
plan adopted pursuant to 29 CFR part
30 and approved by the Department;
(21) Name and address of the appropriate authority under the program to
receive, process and make disposition
of complaints;
(22) Recording and maintenance of all
records concerning apprenticeship as
may be required by the Bureau or recognized State Apprenticeship Agency
and other applicable law.
(Approved by the Office of Management and
Budget under control number 1205–0223)
[42 FR 10139, Feb. 18, 1977; 42 FR 30836, June
17, 1977, as amended at 49 FR 18295, Apr. 30,
1984]

§ 29.6

Apprenticeship agreement.

The apprenticeship agreement shall
contain explicitly or by reference:
(a) 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 apprentice.
(c) Name and address of the program
sponsor and registration agency.
(d) A statement of the trade or craft
in which the apprentice is to be
trained, and the beginning date and
term (duration) of apprenticeship.

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§ 29.7

(e) A statement showing (1) the number of hours to be spent by the apprentice in work on the job, and (2) the
number of hours to be spent in related
and supplemental instruction which is
recommended to be not less than 144
hours per year.
(f) A statement setting forth a schedule of the work processes in the trade
or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each
process.
(g) A statement of the graduated
scale of wages to be paid the apprentice
and whether or not the required school
time shall be compensated.
(h) Statements providing:
(1) For a specific period of probation
during which the apprenticeship agreement may be terminated by either
party to the agreement upon written
notice to the registration agency;
(2) That, after the probationary period, the agreement may be cancelled
at the request of the apprentice, or
may be suspended, cancelled, or terminated by the sponsor, for good cause,
with due notice to the apprentice and a
reasonable opportunity for corrective
action, and with written notice to the
apprentice and to the registration
agency of the final action taken.
(i) A reference incorporating as part
of the agreement the 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.
(j) A statement that the apprentice
will be accorded equal opportunity in
all phases of apprenticeship employment and training, without discrimination because of race, color, religion,
national origin, or sex.
(k) Name and address of the appropriate authority, if any, designated
under the program to receive, process
and make disposition of controversies
or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance
with the established trade procedure or

applicable collective bargaining provisions.
(Approved by the Office of Management and
Budget under control number 1205–0223)
[42 FR 10139, Feb. 18, 1977, as amended at 49
FR 18295, Apr. 30, 1984]

§ 29.7 Deregistration
istered program.

of

Bureau-reg-

Deregistration of a program may be
effected upon the voluntary action of
the sponsor by a request for cancellation of the registration, or upon reasonable cause, by the Bureau instituting formal deregistration proceedings in accordance with the provisions of this part.
(a) Request by sponsor. The registration officer may cancel the registration of an apprenticeship program by
written acknowledgment of such request stating, but not limited to, the
following matters:
(1) The registration is canceled at
sponsor’s request, and effective date
thereof;
(2) That, within 15 days of the date of
the acknowledgment, the sponsor shall
notify all apprentices of such cancellation and the effective date; that such
cancellation automatically deprives
the apprentice of his/her individual
registration; and that the de- registration of the program removes the apprentice from coverage for Federal purposes which require the Secretary of
Labor’s approval of an apprenticeship
program.
(b) Formal deregistration—(1) Reasonable cause. Deregistration proceedings
may be undertaken when the apprenticeship program is not conducted, operated, and administered in accordance
with the registered provisions or the
requirements of this part, except that
deregistration proceedings for violation of equal opportunity requirements
shall be processed in accordance with
the provisions under 29 CFR part 30, as
amended;
(2) Where it appears the program is
not being operated in accordance with
the registered standards or with requirements of this part, the registration officer shall so notify the program
sponsor in writing;

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§ 29.8

29 CFR Subtitle A (7–1–03 Edition)

(3) The notice shall:
(i) Be sent by registered or certified
mail, with return receipt requested;
(ii) State the shortcoming(s) and the
remedy required; and
(iii) State that a determination of
reasonable cause for deregistration will
be made unless corrective action is effected within 30 days;
(4) Upon request by the sponsor for
good cause, the 30-day term may be extended for another 30 days. During the
period for correction, the sponsor shall
be assisted in every reasonable way to
achieve conformity;
(5) If the required correction is not
effected within the allotted time, the
registration officer shall send a notice
to the sponsor, by registered or certified mail, return receipt requested,
stating the following:
(i) The notice is sent pursuant to this
subsection;
(ii) Certain deficiencies (stating
them) were called to sponsor’s attention and remedial measures requested,
with dates of such occasions and letters; and that the sponsor has failed or
refused to effect correction;
(iii) 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 15 days of
the receipt of this notice, the sponsor
requests a hearing;
(iv) If a request for a hearing is not
made, the entire matter will be submitted to the Administrator, BAT, for
a decision on the record with respect to
deregistration.
(6) If the sponsor has not requested a
hearing, the registration officer shall
transmit to the Administrator, BAT, a
report containing all pertinent facts
and circumstances concerning the nonconformity, including the findings and
recommendation for deregistration,
and copies of all relevant documents
and records. Statements concerning
interviews, meetings and conferences
shall include the time, date, place, and
persons present. The Administrator
shall make a final order on the basis of
the record before him.
(7) If the sponsor requests a hearing,
the registration officer shall transmit
to the Secretary, through the Administrator, a report containing all the data

listed in paragraph (b)(6) of this section. The Secretary shall convene a
hearing in accordance with § 29.9; and
shall make a final decision on the basis
of the record before him including the
proposed findings and recommended decision of the hearing officer.
(8) At his discretion, the Secretary
may allow the sponsor a reasonable
time to achieve voluntary corrective
action. If the Secretary’s decision is
that the apprenticeship program is not
operating in accordance with the registered provisions or requirements of
this part, the apprenticeship program
shall be deregistered. In each case in
which reregistration is ordered, the
Secretary shall make public notice of
the order and shall notify the sponsor.
(9) Every order of deregistration shall
contain a provision that the sponsor
shall, within 15 days of the effective
date of the order, notify all registered
apprentices of the deregistration of the
program; the effective date thereof;
that such cancellation automatically
deprives the apprentice or his/her individual registration; and that the
deregistration removes the apprentice
from coverage for Federal purposes
which require the Secretary of Labor’s
approval of an apprenticeship program.
(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]

§ 29.8 Reinstatement of program registration.
Any
apprenticeship
program
deregistered pursuant to this part may
be reinstated upon presentation of adequate evidence that the apprenticeship
program is operating in accordance
with this part. Such evidence shall be
presented to the Administrator, BAT,
if the sponsor had not requested a hearing, or to the Secretary, if an order of
deregistration was entered pursuant to
a hearing.
§ 29.9

Hearings.

(a) Within 10 days of his receipt of a
request for a hearing, the Secretary
shall designate a hearing officer. The
hearing officer shall give reasonable
notice of such hearing by registered
mail, return receipt requested, to the

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§ 29.12

appropriate sponsor. Such notice shall
include:
(1) A reasonable time and place of
hearing,
(2) A statement of the provisions of
this part pursuant to which the hearing
is to be held, and
(3) A concise statement of the matters pursuant to which the action
forming the basis of the hearing is proposed to be taken.
(b) The hearing officer shall regulate
the course of the hearing. Hearings
shall be informally conducted. Every
party shall have the right to counsel,
and a fair opportunity to present his/
her case, including such cross-examination as may be appropriate in the circumstances. Hearings officers shall
make their proposed findings and recommended decisions to the Secretary
upon the basis of the record before
them.
§ 29.10 Limitations.
Nothing in this part or in any apprenticeship agreement shall operate
to invalidate:
(a) Any apprenticeship provision in
any collective bargaining agreement
between employers and employees establishing higher apprenticeship standards; or
(b) Any special provision for veterans, minority persons or females in
the standards, apprentice qualifications or operation of the program, or in
the apprenticeship agreement, which is
not otherwise prohibited by law, Executive order, or authorized regulation.
§ 29.11 Complaints.
(a) This section is not applicable to
any complaint concerning discrimination or other equal opportunity matters; all such complaints shall be submitted, processed and resolved in accordance with applicable provisions in
29 CFR part 30, as amended, or applicable provisions of a State Plan for Equal
Employment Opportunity in Apprenticeship adopted pursuant to 29 CFR
part 30 and approved by the Department.
(b) Except for matters described in
paragraph (a) of this section, any controversy or difference arising under an
apprenticeship agreement which cannot be adjusted locally and which is

not covered by a collective bargaining
agreement, may be submitted by an apprentice, or his/her authorized representative, to the appropriate registration authority, either Federal or
State, which has registered and/or approved the program in which the apprentice is enrolled, for review. Matters covered by a collective bargaining
agreement are not subject to such review.
(c) The complaint, in writing and
signed by the complainant, or authorized representative, shall be submitted
within 60 days of the final local decision. It shall set forth the specific matter(s) complained of, together with all
relevant facts and circumstances. Copies of all pertinent documents and correspondence shall accompany the complaint.
(d) The Bureau or recognized State
Apprenticeship Agency, as appropriate,
shall render an opinion within 90 days
after receipt of the complaint, based
upon such investigation of the matters
submitted as may be found necessary,
and the record before it. During the 90day period, the Bureau or State agency
shall make reasonable efforts to effect
a satisfactory resolution between the
parties involved. If so resolved, the parties shall be notified that the case is
closed. Where an opinion is rendered,
copies of same shall be sent to all interested parties.
(e) Nothing in this section shall be
construed to require an apprentice to
use the review procedure set forth in
this section.
(f) A State Apprenticeship Agency
may adopt a complaint review procedure differing in detail from that given
in this section provided it is proposed
and has been approved in the recognition of the State Apprenticeship Agency accorded by the Bureau.
§ 29.12 Recognition of State agencies.
(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

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§ 29.12

29 CFR Subtitle A (7–1–03 Edition)

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 § 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, deregistration 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

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Office of the Secretary of Labor

§ 29.12

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 § 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
§ 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 § 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 re-

ceipt 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]

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§ 29.13

29 CFR Subtitle A (7–1–03 Edition)

§ 29.13 Derecognition of State agencies.
The recognition for Federal purposes
of a State Apprenticeship Agency or
State Apprenticeship Council (hereinafter designated respondent), may be
withdrawn for the failure to fulfill, or
operate in conformity with, the requirements of this part. Derecognition
proceedings for reasonable cause shall
be instituted in accordance with the
following:
(a) Derecognition proceedings for
failure to adopt or properly enforce a
State Plan for Equal Employment Opportunity in Apprenticeship shall be
processed in accordance with the procedures prescribed in 29 CFR 30.15.
(b) For causes other than those under
paragraph (a) above, the Bureau shall
notify the respondent and appropriate
State sponsors in writing, by certified
mail, with return receipt requested.
The notice shall set forth the following:
(1) That reasonable cause exists to
believe that the respondent has failed
to fulfill or operate in conformity with
the requirements of this part;
(2) The specific areas of nonconformity;
(3) The needed remedial measures;
and
(4) That the Bureau proposes to withdraw recognition for Federal purposes
unless corrective action is taken, or a
hearing request mailed, within 30 days
of the receipt of the notice.
(c) If, within the 30-day period, respondent:
(1) Complies with the requirements,
the Bureau shall so notify the respondent and State sponsors, and the case
shall be closed;
(2) Fails to comply or to request a
hearing, the Bureau shall decide
whether recognition should be withdrawn. If the decision is in the affirmative, the Administrator shall forward
all pertinent data to the Secretary, together with the findings and recommendation. The Secretary shall
make the final decision, based upon the
record before him.
(3) Requests a hearing, the Administrator shall forward the request to the
Secretary, and the procedures under
§ 29.9 shall be followed, with notice

thereof to the State apprenticeship
sponsors.
(d) If the Secretary determines to
withdraw recognition for Federal purposes, he shall notify the respondent
and the State sponsors of such withdrawal and effect public notice of such
withdrawal. The notice to the sponsors
shall state that, 30 days after the date
of the Secretary’s order withdrawing
recognition of the State agency, the
Department shall cease to recognize,
for Federal purposes, each apprenticeship program registered with the State
agency unless, within that time, the
State sponsor requests registration
with the Bureau. The Bureau may
grant the request for registration contingent upon its finding that the State
apprenticeship program is operating in
accordance with the requirements of
this part and of 29 CFR part 30, as
amended. The Bureau shall make a
finding on this issue within 30 days of
receipt of the request. If the finding is
in the negative, the State sponsor shall
be notified in writing that the contingent Bureau registration has been revoked. If the finding is in the affirmative, the State sponsor shall be notified
in writing that the contingent Bureau
registration is made permanent.
(e) If the sponsor fails to request Bureau registration, or upon a finding of
noncompliance pursuant to a contingent Bureau registration, the written
notice to such State sponsor shall further advise the recipient that any actions or benefits applicable to recognition for Federal purposes are no longer
available to participants in its apprenticeship program.
(f) Such notice shall also direct the
State sponsor to notify, within 15 days,
all its registered apprentices of the
withdrawal of recognition for Federal
purposes; the effective date thereof;
and that such withdrawal removes the
apprentice from coverage under any
Federal provision applicable to his/her
individual registration under a program recognized or registered by the
Secretary of Labor for Federal purposes.
(g) A State Apprenticeship Agency or
Council whose recognition has been
withdrawn pursuant to this part may
have its recognition reinstated upon
presentation of adequate evidence that

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Office of the Secretary of Labor

§ 30.2

it has fulfilled, and is operating in accordance with, the requirements of this
part.
(Approved by the Office of Management and
Budget under control number 1205–0223)
[42 FR 10139, Feb. 18, 1977, as amended at 49
FR 18295, Apr. 30, 1984]

PART 30—EQUAL EMPLOYMENT
OPPORTUNITY IN APPRENTICESHIP AND TRAINING
Sec.
30.1 Scope and purpose.
30.2 Definitions.
30.3 Equal opportunity standards.
30.4 Affirmative action plans.
30.5 Selection of apprentices.
30.6 Existing lists of eligibles and public notice.
30.7 [Reserved]
30.8 Records.
30.9 Compliance reviews.
30.10 Noncompliance with Federal and state
equal opportunity requirements.
30.11 Complaint procedure.
30.12 Adjustments in schedule for compliance review or complaint processing.
30.13 Sanctions.
30.14 Reinstatement of program registration.
30.15 State Apprenticeship Councils.
30.16 Hearings.
30.17 Intimidatory or retaliatory acts.
30.18 Nondiscrimination.
30.19 Exemptions.
AUTHORITY: Sec. 1, 50 Stat. 664, as amended;
29 U.S.C. 50; 40 U.S.C. 276c; 5 U.S.C. 301; Reorganization Plan No. 14 of 1950, 64 Stat. 1267,
3 CFR 1949–53 Comp. p. 1007.
SOURCE: 43 FR 20760, May 12, 1978, unless
otherwise noted.

§ 30.1 Scope and purpose.
This part sets forth policies and procedures to promote equality of opportunity in apprenticeship programs registered with the U.S. Department of
Labor and in state apprenticeship programs registered with recognized state
apprenticeship agencies. These policies
and procedures apply to the recruitment and selection of apprentices, and
to all conditions of employment and
training during apprenticeship. The
procedures established provide for review of apprenticeship programs, for
registering apprenticeship programs,
for processing complaints, and for
deregistering noncomplying apprenticeship programs. This part also pro-

vides policies and procedures for continuation or withdrawal of recognition
of state agencies for registering of apprenticeship programs for Federal purposes. The purpose of this part is to
promote equality of opportunity in apprenticeship by prohibiting discrimination based on race, color, religion, national origin, or sex in apprenticeship
programs, by requiring affirmative action to provide equal opportunity in
such apprenticeship programs, and by
coordinating this part with other equal
opportunity programs.
§ 30.2

Definitions.

(a) Department means the U.S. Department of Labor.
(b) Employer means any person or organization employing an apprentice
whether or not the apprentice is enrolled with such person or organization
or with some other person or organization.
(c) Apprenticeship program means a
program registered by the Department
and evidenced by a Certificate of Registration as meeting the standards of
the Department for apprenticeship, but
does not include a state apprenticeship
program.
(d) Sponsor means any person or organization operating an apprenticeship
program, irrespective of whether such
person or organization is an employer.
(e) Secretary means the Secretary of
Labor, the Assistant Secretary of
Labor for Employment and Training,
or any person specifically designated
by either of them.
(f) State Apprenticeship Council means
a state apprenticeship council or other
state agency in any of the 50 states, the
District of Columbia, or any territory
or possession of the United States,
which is recognized by the Department
as the appropriate agency for registering programs for Federal purposes.
(g) State apprenticeship program means
a program registered with a State Apprenticeship Council and evidenced by
a Certificate of Registration or other
appropriate document as meeting the
standards of the State Apprenticeship
Council for apprenticeship.
(h) State program sponsor means any
person or organization operating a

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