ETA Form 9203 Program Standards Adoption Agreement

ETA Form 9203 - Program Standards Adoption Agreement OMB Control No. 1205-0NEW

Expiration Date: xx/xx/xxxx

_{ETA Form 9203 - Program Standards Adoption Agreement}

NOTE: A Program Standards Adoption Agreement is a written agreement executed outside of a collective bargaining process in which a participating employer agrees to adopt and utilize a set of apprenticeship program standards for the employment and training of apprentices that were developed by a group program sponsor and registered by a Registration Agency. Accordingly, joint-labor management programs and the participating employers in such programs are not required to utilize a Program Standards Adoption Agreement.

The undersigned participating employer agrees to:

1. adopt and comply with the sponsor’s registered Standards of Apprenticeship for the occupation covered by the program;

2. comply with all other applicable requirements contained in 29 CFR part 29; and

3. cooperate with, and provide assistance to, the program sponsor to meet the program sponsor’s obligations under 29 CFR parts 29 and 30, including by providing any apprenticeship-related data and records necessary to assess compliance with these regulatory provisions.

The participating employer has been furnished a copy of the program’s Standards of Apprenticeship, has read and understood them, and will employ and train apprentices pursuant to the terms of those Standards.

The participating employer will provide all apprentices in their employ with proper on-the-job training and adequate supervision by qualified training personnel. Such training must follow the program’s work process schedule and related instruction outlined in the sponsor’s Standards of Apprenticeship.

The participating employer attests to agree to abide by the requirements contained in 29 CFR parts 29 and 30. (§ 29.8(b)(1))

In addition to the forgoing provisions of this agreement the sponsor and participating employer agree to the following additional terms and conditions as part of this Program Standards Adoption Agreement:

Provide or Attach Additional Terms and Conditions (if applicable)

This executed Program Standards Adoption Agreement must be transmitted to the Registration Agency by the program sponsor within 30 days of the execution of the agreement.

This Program Standards Adoption Agreement: (1) may be cancelled by the participating employer upon providing 30 days’ written notice to the sponsor; or (2) must be suspended or cancelled by the program sponsor if the program sponsor determines that the participating employer failed to satisfy the Program Standards Adoption Agreement’s provisions of this section.

The program sponsor must provide written notice of any suspension or cancellation to the participating employer, all apprentices affected by the suspension or cancellation, and to the applicable Registration Agency. The notice must explain the reason for the suspension or cancellation. If the suspension or cancellation results in an interruption or cessation of training for apprentices, the program sponsor must make reasonable efforts to place such individuals with another of the sponsor’s participating employers or a different registered apprenticeship program in the same occupation.

This Program Standards Adoption Agreement will remain in effect until canceled voluntarily or revoked by the sponsor, participating employer, or the Registration Agency.

Section A. PROGRAM SPONSOR INFORMATION AND SIGNATURE
1. Name of Sponsor
2. Address
3. City	4. State		5. Zip Code
6. Telephone Number		7. Email Address
8. Occupation(s) Covered by the Standards of Apprenticeship
9. Name of Individual Signing on Behalf of the Program Sponsor		10. Title of Individual Signing on Behalf of the Program Sponsor
11. Signature		12. Date

Section B. PARTICIPATING EMPLOYER INFORMATION AND SIGNATURE
1. Name of Participating Employer
2. Address
3. City	4. State		5. Zip Code
6. Telephone Number		7. Email Address
8. Employer Identification Number (EIN) of Participating Employer	9. NAICS Code of the Participating Employer		10. Size of the Participating Employer’s Workforce
11. Name of Individual Signing on Behalf of the Participating Employer		12. Title of Individual Signing on Behalf of the Participating Employer
13. Signature		14. Date

Program Standards Adoption Agreement – Glossary

• Collective Bargaining Agreement means a written agreement negotiated between an employer (or a group of employers) and the bargaining representative(s) of a labor union to which employees of the employer(s) belong that addresses such topics as wages, hours, workplace health and safety, employee benefits, and other terms and conditions of employment. Sponsors must indicate if a collective bargaining agreement applies to their apprenticeship program and whether apprentices are covered by such agreement. If there is an applicable collective bargaining agreement, sponsors must provide the bargaining agency name.

• Group Program means an apprenticeship program established and by a sponsoring organization in which one or more employers have agreed to participate, usually pursuant to a collective bargaining agreement or a program standards adoption agreement.

• Joint Labor-Management Program means an organization or committee operating an apprenticeship program with membership consisting of both an employer’s (or group of employers’) management and labor representatives. Sponsors who indicate that they are a group program must also indicate whether the group program is governed or organized by a joint labor-management committee.

• North American Industrial Classification System (NAICS) Code means the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. For more information on NAICS, please go to the following website: https://www.census.gov/naics/.

• Participating Employer means an employer that employs at least one apprentice and that either:

  • Participates in a registered apprenticeship program sponsored by a joint labor-management apprenticeship and training program established pursuant to a collective bargaining agreement, and under which the employer has adopted the sponsor’s standards of apprenticeship and serves as the employer of record for at least one apprentice enrolled in the sponsor’s program; or

  • Is a party to a written program standards adoption agreement with a registered apprenticeship program sponsor that is concluded outside of a collective bargaining process, and under which the employer has adopted the sponsor’s standards of apprenticeship and serves as the employer of record for apprentices enrolled in the sponsor’s program.

• Program Standards Adoption Agreement means a written agreement executed outside of a collective bargaining process in which a participating employer agrees to adopt and utilize a set of apprenticeship program standards for the employment and training of apprentices that were developed by a program sponsor and registered by a Registration Agency.

• Registration Agency means a governmental agency, which may be either the Office of Apprenticeship or a State Apprenticeship Agency recognized by the Office of Apprenticeship, that has responsibility for registering and overseeing apprenticeship programs and apprentices; providing technical assistance; and conducting program reviews for compliance with 29 CFR parts 29 and 30.

• Size of Workforce equates to the number of employees (e.g., support staff, professional staff, management) associated with the program’s employer(s).

Public Burden Statement: Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond is required to obtain or retain benefits under 29 U.S.C. 50. Send comments regarding this burden or any other aspect of this collection of information including suggestions for reducing this burden to the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship, 200 Constitution Avenue, N.W., Room C-5321, Washington, D.C. 20210 or email [email protected] and reference OMB Control Number 1205-0NEW. Note: Please do not return the completed ETA Form 9203 to this address.

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