WSR 97-23-088
PROPOSED RULES
APPRENTICESHIP AND TRAINING COUNCIL
[Filed November 19, 1997, 11:34 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-10-035.
Title of Rule: Chapter 296-04A WAC, Washington State Apprenticeship and Training Council requirements and standards for approved apprenticeship.
Purpose: Chapter 296-04A WAC, Washington State Apprenticeship and Training Council Requirements and Standards for Approved Apprenticeship.
Purpose: Implement clear rule writing principles, comply with Executive Order 97-02, clarify procedures and requirements of apprenticeship committees, apprenticeship standards, internal procedures of the Washington State Apprenticeship and Training Council, and establish a procedure to resolve complaints arising out of the conduct of approved training agents, implement the mandate of the Washington Supreme Court in Seattle Building Trades v. WSATC and CITC (128 W.2d 887), make grammatical changes to reflect gender neutrality and correct code reviser filing errors.
Explanation of Rule, its Purpose, and Anticipated Effects: Proposal Changes the Following Existing Rules: All existing rules are repealed. Many have been reenacted in the same or similar form as noted below. Accomplish reasoned and predictable procedures for the administration of the Washington Apprenticeship Act, chapter 49.04 RCW. The proposal's specific provisions include the following:
Repeal all provisions of chapter 296-04 WAC consistent with clear rule writing reorganization recommendations.
part a affirmation of apprenticeship values and objectives
WAC 296-04A-001 How is this chapter divided? Explains rule structure.
WAC 296-04A-003 What does this chapter cover? Program approval and compliance.
WAC 296-04A-006 What general definitions apply to this chapter? Replaces WAC 296-04-015. The revision leaves out subsections (3), (4), (7), (10), (11), (13) reference to contextual definitions in other sections as needless duplication. Adds definition of "working day." "Committee program" changed to "apprenticeship program"; "individual agreement" changed to "agreement."
WAC 296-04A-009 What is the purpose of these rules? Replaces WAC 296-04-001 paragraphs 1 and 9.
WAC 296-04A-012 What is the value of an approved apprenticeship program? Replaces WAC 296-04-001 paragraphs 2, 3, 4, 5, and 6.
WAC 296-04A-015 Can any Washington state employer use an approved apprentice? Replaces WAC 296-04-001 paragraphs 7 and 8. Adds definition of "reasonable cost." Training agent (5) provisions reenacted in WAC 296-04A-130.
WAC 296-04A-018 How can an employer utilize apprentices outside of a local geographic area? Section on "portability" to reflect approved standards of apprenticeship limitations.
part b council approval of apprenticeship committee -- proposed standards and revisions
WAC 296-04A-025 How does a sponsor begin the application process? Replaces WAC 296-04-005 paragraph 1, 296-04-270 (1)(c)-(g), 296-04-270 (1)(h) and (i), 296-04-270 (1)(j) and (k), and 296-04-160 (3) and (4). This section incorporates numerous prior provisions under common heading of how a sponsor begins the application approval process.
WAC 296-04A-028 What needs to be included in proposed apprenticeship standards? Replaces WAC 296-04-005 paragraph 1, 296-04-270 (1)(k), 296-04-270 (2)(a)-(d), and 296-04-165. This section incorporates numerous prior provisions dealing with the substance of proposed standards. It adds a new provision on residency clauses relating to equal employment measures. It also adds a twelve month deadline for a sponsor to submit proposed standards after the committee has been approved.
WAC 296-04A-034 Who do I send the proposed standards to? Replaces WAC 296-04-005 paragraph 2.
WAC 296-04A-037 What action will the council take on proposed standards? This provision enacts a process for reviewing proposed standards consistent with August 1996 Washington Supreme Court ruling in SBT v. WSATC and CITC.
WAC 296-04A-040 When are council meetings held? Replaces WAC 296-04-010 and 296-04-040 (1) and (2).
WAC 296-04A-043 Who can attend council meetings? Replaces WAC 296-04-040(1).
WAC 296-04A-046 Who is given notice of council meetings? Replaces WAC 296-04-040 (1), (2) and (4).
WAC 296-04A-049 When do my materials have to be submitted? Replaces WAC 296-04-040 (5) and (6).
WAC 296-04A-052 After the standards have been approved what are the committee's responsibilities? Replaces WAC 296-04-005 paragraphs 3 and 4, 296-04-160 (1) and (2), 296-04-015(17), and 296-04-001 paragraph 8(5).
WAC 296-04A-055 What are the requirements for an on-the-job training program? Verbatim WAC 296-04-280.
WAC 296-04A-060 What are the requirements for a plant program? Verbatim WAC 296-04-05001.
part c council review of approved apprenticeship committees, programs and disputes
WAC 296-04A-100 Does the council review an approved program? Replaces WAC 296-04-005 paragraph 4.
WAC 296-04A-110 What happens if the committee and an apprentice cannot resolve a dispute? Replaces WAC 296-04-005 paragraph 5 and 296-04-295.
WAC 296-04A-120 What is the council's apprenticeship program review and enforcement process? Replaces WAC 296-04-270(3).
WAC 296-04A-130 Is there a way to have the council review complaints about a training agent? New section that reflects Council policy on training agents.
WAC 296-04A-150 When does an apprentice receive a certificate of completion? Verbatim WAC 296-04-270 (3)(f).
part d duties and responsibilities of council and administrative personnel
WAC 296-04A-200 Who are the council officers and what are their duties? Replaces WAC 296-04-045 and 296-04-260.
WAC 296-04A-210 What are the supervisor's responsibilities? Replaces WAC 296-04-060, 296-04-090, 296-04-040(7), 296-04-105, and 296-04-042.
WAC 296-04A-230 Rules may be amended. Verbatim WAC 296-04-115.
WAC 296-04A-300 What are the important terms in defining a sponsor or employer's equal employment opportunity obligations? Provides definitions.
WAC 296-04A-30001 What is the purpose of the affirmative action sections? Heading change, otherwise verbatim WAC 296-04-300.
WAC 296-04A-330 What are the obligations of an apprenticeship program sponsor? Heading change and grammatical error corrected, otherwise verbatim WAC 296-04-330.
WAC 296-04A-340 What are the requirements of an affirmative action plan? Heading change, otherwise verbatim WAC 296-04-340.
WAC 296-04A-350 What obligations or options does a sponsor have in selecting an apprentice? Heading change, otherwise verbatim WAC 296-04-350.
WAC 296-04A-351 What are an employer's affirmative action responsibilities? Heading change, otherwise verbatim WAC 296-04-351.
WAC 296-04A-360 Existing lists of eligibles and public notice. Heading change and grammatical error corrected, otherwise verbatim WAC 296-04-360.
WAC 296-04A-370 What types of records need to be kept? Heading change, otherwise verbatim WAC 296-04-370.
WAC 296-04A-380 What is the compliance review process? Heading change, otherwise verbatim WAC 296-04-380.
WAC 296-04A-390 Noncompliance with federal and state equal opportunity requirements. Verbatim WAC 296-04-390.
WAC 296-04A-400 How does an apprentice file a complaint? Heading change, otherwise verbatim WAC 296-04-400.
WAC 296-04A-410 Can there be schedule adjustments in compliance review or complaint processing? Heading change, otherwise verbatim WAC 296-04-410.
WAC 296-04A-420 What are the sanctions for noncompliance? Heading change, otherwise verbatim WAC 296-04-420.
WAC 296-04A-430 Can a program be reinstated? Heading change, otherwise verbatim WAC 296-04-430.
WAC 296-04A-440 Adoption of consistent state plans. Heading change and grammatical error corrected, otherwise verbatim WAC 296-04-440.
WAC 296-04A-460 Intimidatory or retaliatory acts. Verbatim WAC 296-04-460.
WAC 296-04A-470 Nondiscrimination. Verbatim WAC 296-04-470.
WAC 296-04A-480 Exemptions to affirmative action plan requirements. Heading change, otherwise verbatim WAC 296-04-480.
Statutory Authority for Adoption: RCW 49.04.010 and 49.04.040.
Statute Being Implemented: Chapters 49.04 and 34.05 RCW.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Lynn D.W. Hendrickson, Seattle, Washington, (206) 464-7740; Implementation and Enforcement: Ernie LaPalm, Tumwater, Washington, (360) 902-5329.
Name of Proponent: Washington State Apprenticeship and Training Council, governmental.
Rule is necessary because of state court decision, Seattle Building Trades v. WSATC and CITC (128 W.2d 887).
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has considered whether the proposed rules are subject to the Regulatory Fairness Act, chapter 19.85 RCW and has determined that they do not require a small business economic impact statement because the proposed rules will not place a more than minor impact on business.
RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This agency is not required to comply with section 201.
Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on January 14, 1998, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Apprenticeship Division, Department of Labor and Industries, P.O. Box 44530, Olympia, WA 98504-4530, by January 5, 1998, (360) 902-5322.
Submit Written Comments to: Apprenticeship Program Manager, Department of Labor and Industries, P.O. Box 44530, Olympia, WA 98504-4530, by January 21, 1998.
FAX Comments to: In addition to written comments, the council will accept comments submitted to FAX (360) 902-4248. Comments submitted by FAX must be ten pages or less.
Date of Intended Adoption: February 18, 1998.
November 17, 1997
Melinda Nichols
Chair
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 296-04-001 Foreword.
WAC 296-04-005 Apprenticeship and training agreements--Proposed standards.
WAC 296-04-010 Regular meetings.
WAC 296-04-015 Definitions.
WAC 296-04-040 Council meetings--When held--Notice--Who may attend--Quorum.
WAC 296-04-042 Voting.
WAC 296-04-045 Supervisor-administrator of council.
WAC 296-04-05001 Plant program defined.
WAC 296-04-060 Officers, appointment, duties--Ex officio members.
WAC 296-04-090 Rules of order.
WAC 296-04-105 Retroactivity.
WAC 296-04-115 Amendment.
WAC 296-04-125 Rule change-procedures and forms.
WAC 296-04-160 Apprenticeship committees.
WAC 296-04-165 Union waiver.
WAC 296-04-260 Merit awards.
WAC 296-04-270 Apprenticeship agreements--Types--Standards--Registration, review, cancellation, reregistration--Certificate of completion.
WAC 296-04-275 Reciprocity.
WAC 296-04-280 On-the-job training programs.
WAC 296-04-295 Complaint review procedure.
WAC 296-04-300 Promulgation.
WAC 296-04-310 Authority.
WAC 296-04-330 Equal opportunity standards.
WAC 296-04-340 Affirmative action plans.
WAC 296-04-350 Selection of apprentices.
WAC 296-04-351 Employer's responsibility.
WAC 296-04-360 Existing lists of eligibles and public notice.
WAC 296-04-370 Records.
WAC 296-04-380 Compliance reviews.
WAC 296-04-390 Noncompliance with federal and state equal opportunity requirements.
WAC 296-04-400 Complaint procedure.
WAC 296-04-410 Adjustments in schedule for compliance review or complaint processing.
WAC 296-04-420 Sanctions.
WAC 296-04-430 Reinstatement of program registration.
WAC 296-04-440 Adoption of consistent state plans.
WAC 296-04-460 Intimidatory or retaliatory acts.
WAC 296-04-470 Nondiscrimination.
WAC 296-04-480 Exemptions.
WASHINGTON STATE APPRENTICESHIP AND TRAINING COUNCIL REQUIREMENTS AND
STANDARDS FOR APPROVED APPRENTICESHIP
PART A
AFFIRMATION OF APPRENTICESHIP VALUES AND OBJECTIVES
NEW SECTION
WAC 296-04A-001 How is this chapter divided? The first three
digits of the WAC (296) are the title. The second three digits are the
chapter (04A). The third number group is the section. Sections may be
further divided as indicated below.
Title-Chapter-Section 296-04A-___
Subsection (1)
(2)
Subdivision (a)
(b)
Item (i)
(ii)
Note: The chapter is also divided into "parts" according to subject, to make it easier for you to find the information you need.
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NEW SECTION
WAC 296-04A-003 What does this chapter cover? Chapter 296-04A WAC
applies to all applications for state-approved apprenticeship programs
and the ongoing compliance of approved programs with the applicable
standards and rules governing apprenticeship in Washington which are set
forth in chapter 49.04 RCW.
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NEW SECTION
WAC 296-04A-006 What general definitions apply to this chapter? "Agreement" is a written apprenticeship agreement and/or training agreement that conforms to approved standards of apprenticeship and agreements set forth in RCW 49.04.050 and 49.04.060.
"Apprentice" is an individual registered with the supervisor and enrolled in an apprenticeship program approved pursuant to chapter 49.04 RCW and these rules.
"Apprenticeship committee" is a state or local joint apprenticeship committee approved by the council pursuant to RCW 49.04.040.
"Apprenticeship program" consists of the relationship between an apprentice and an approved apprenticeship committee and the application of the procedures necessary to assist in the fulfillment of an apprenticeship agreement.
"Approved" means approved by the Washington state apprenticeship and training council.
"Approved training agent" means an employer that has signed a written acknowledgement demonstrating willingness to comply with the requirements of apprenticeship established under chapter 49.04 RCW, chapter 296-04A WAC (or its predecessor chapter 296-04 WAC), applicable federal regulations and the specific conditions set forth in the apprenticeship standards that have been approved for a particular sponsor.
"Council" means the Washington state apprenticeship and training council established pursuant to RCW 49.04.010.
"Department" means the department of labor and industries.
"Director" means the director of the department of labor and industries.
"Employer" means a business entity having one or more employees. Also, any person, partnership, or business entity with no employees but having industrial insurance coverage is both an employer and an employee.
"Hours" means clock hours.
"On-the-job training" means the supervised training of an apprentice performing the work processes, identified in the approved standards, on a job-site, shop, plant or other place of business.
"Related/supplemental instruction" shall mean required instruction which is approved by a program sponsor. It shall be taught by a trade competent instructor who shall have demonstrated said competency by satisfactory employment performance in the occupation for a period of a minimum of three years beyond the customary learning period for this occupation. Instructors shall be approved by the sponsor.
"Secretary" or "supervisor" means the individual appointed by the director and confirmed by the council to act as the supervisor of apprenticeship and to fulfill the duties set forth in RCW 49.04.030.
"Should" or "may" means recommended.
"Sponsor" means any firm, association, committee, or organization operating an apprenticeship and training program through an employer and employee relationship and in whose name the program is registered or is to be registered.
"Standards" are a written agreement setting forth a plan containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices.
"Working day," for submission of materials, complaint procedures and
appeals, means a calendar day, except Saturdays, Sundays, and legal
holidays as defined by RCW 1.16.050. To compute the time within which
an act is to be completed, exclude the first working day and include the
last.
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NEW SECTION
WAC 296-04A-009 What is the purpose of these rules? The Washington
Apprenticeship Act, chapter 49.04 RCW, establishes the council and its
administrative arm, the apprenticeship section of the department of labor
and industries. The intention of the council in promulgating and
adopting these rules is to establish a uniform procedure to be followed
by state and local apprenticeship and training committees in presenting
matters to the council and further to establish standards by which the
council can operate to effectuate its statutory obligations. All
policies and rules of the council are designed to strengthen and expand
apprenticeship, protect apprentices in the state of Washington, as well
as to explain related factors established under existing state and
federal laws.
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NEW SECTION
WAC 296-04A-012 What is the value of an approved apprenticeship program? The council recognizes the importance of quality apprenticeship programs to meet the growing needs of employers and employees for high quality training. Rapid changes in the state's economy and technological change necessitate skilled workers who meet industry-wide standards in order to compete successfully in the changing marketplace. Employers benefit by knowing that skilled workers, who have graduated from a state recognized apprenticeship program, have been trained to industry-wide standards and not exclusively in response to the needs of an individual employer or group of employers.
The delivery and regulation of apprenticeship programs should be conducted in a manner which avoids needless duplication on the part of the department of labor and industries, community and technical colleges, and vocational-technical institutes. It is important that approved apprenticeship programs be structured to maximize an apprentice's protection by providing a meaningful process in which an apprentice may exercise his or her rights.
The council is aware that the number of apprentices in a trade or group of trades in any geographic area must be sufficient to meet the needs of all employers and not be so large as to create an oversupply of apprentices. Quality apprenticeship training requires reasonably continuous on-the-job training, an oversupply of apprentices in any geographic area is to be avoided, if possible, in an effort to maintain ongoing quality training.
The council further recognizes that the attainment of quality apprenticeship training and the planning of numbers of new apprentices in a trade or group of trades may be accomplished best by the establishment of one joint apprenticeship and training committee serving the entire trade or group of trades in a specified geographic area. A single committee is best able to train to industry-wide standards which will enable workers to move between firms when necessary. A single committee is also best able to determine the number of apprentices needed in an entire trade or group of trades in a specified geographic area.
The council also recognizes the benefit apprentices gain in having
the widest possible range of employers and their apprentices represented
in the related and supplemental training classes. The intermingling of
apprentices representing the widest possible array of firms possible, in
related and supplemental training classes, exposes apprentices to the
widest possible range of work experiences. This sharing of work
experiences increases the quality of training, benefiting both
apprentices and employers.
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NEW SECTION
WAC 296-04A-015 Can any Washington state employer use an approved apprentice? The council expects approved apprenticeship programs will be available to meet the training needs of all employers in the state of Washington. These programs must be open to all employers on an equal and nondiscriminatory basis. The need for continued quality training, equal treatment of apprentices, and efficient delivery of training suggest that these training needs are best met through our approved programs. Committees approved by the council shall offer training opportunities on an equal basis to all employers. The training opportunities shall be:
(1) At a reasonable cost, based upon a factor of the operating budget of a committee by the number of enrolled apprentices in a program, that is equivalent to the cost incurred by employers and apprentices currently participating;
(2) Equal in treatment and opportunity for all apprentices;
(3) Apply reasonable working and training conditions to all apprentices uniformly and equally.
An employer shall not be required to sign a collective bargaining
agreement in order to participate in an apprenticeship program.
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NEW SECTION
WAC 296-04A-018 How can an employer utilize apprentices outside of a local geographic area? Each set of program standards approved by the council includes the limits of the geographical area covered by those standards. The sponsor has no authority to conduct training outside of the geographical area covered by the sponsor's standards.
If a registered training agent of an apprenticeship program sponsor wishes to work with apprentices outside of the geographical area covered by the standards of their program sponsor, the training agent shall, where there is unemployment of apprentices in the area where the training agent wishes to work, register with and obtain apprentices from the sponsor of the standards covering the geographical area where the work is to be done.
Where there is sufficient employment for local apprentices, as determined by the local joint apprenticeship and training committee, the visiting training agent must register with the local committee in the trade or group of trades from which apprentices are utilized, and obtain an agreement from that sponsor for reciprocity, or supervision of the apprentices for the duration of local employment of the apprentices accompanying the training agent from their originating apprenticeship area.
Related training for an apprentice who is unable to travel back to
his or her original area will be provided by mutual agreement between the
original and host joint apprenticeship and training committee.
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PART B
COUNCIL APPROVAL OF APPRENTICESHIP COMMITTEES--PROPOSED STANDARDS AND
REVISIONS
NEW SECTION
WAC 296-04A-025 How does a sponsor begin the application process? (1) A proposed sponsor must first create a committee and submit written affidavits to the council requesting recognition of the committee.
(2) All committees must be "joint" in representation between the employer and employee organizations. This section specifically relies upon the contextual definition of "joint" set forth in RCW 49.04.040. "Joint" means equal. For example a joint committee could be composed of an equal number of representatives from:
(a) An organization of employers and a bona fide organization of employees (i.e., labor organization, or other recognized employee committee representatives);
(b) A bona fide employer or group of employers and a employee representatives, only if there is no bona fide employee organization in the plant or trade affected by the agreement. The sponsor must ensure that the employee representation on the committee is derived from individuals that are known to represent the interests of employees.
(c) An employer or group of employers and a bona fide employee organization, only if there is no bona fide employer organization in the trade affected by the agreement. The sponsor must ensure that the employer representation on the committee is derived from individuals that are known to represent employer interests.
(3) Committees shall be composed of representatives of which fifty percent shall by reason of education and experience be occupationally qualified in the specific occupation specified in the standards for which the committee is responsible. The council shall only recognize standards for a specific occupation or directly related occupations. When multiple related occupations are approved on a single standard, each occupation shall be considered as an individual standard. Unrelated occupations shall be submitted under separate standards.
(4) Apprenticeship committees shall be composed of no less than four members nor shall the committee be composed of more than twelve members. Exceptions may be granted by the council.
(5) It is the council's view that joint apprenticeship and training
committees are not state agencies but rather only quasi-public entities
performing services jointly for management and labor by assistance to the
apprenticeship program.
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NEW SECTION
WAC 296-04A-028 What needs to be included in proposed apprenticeship standards? (1) An approved committee must prepare proposed standards which conform to these rules and to RCW 49.04.050. Failure to submit proposed standards within twelve months following council approval of a committee will require a sponsor to request continued recognition. The supervisor, or department of labor and industries apprenticeship coordinators, are available to give assistance in this task.
(2) The standards must include the composition of and general rules for the committee which will administer the program.
(3) When multiple related occupations are approved on a single standard, each occupation shall be considered as an individual standard. Unrelated occupations shall be submitted under separate standards.
(4) The council may approve apprenticeship programs where the program standards include residency requirements for recruitment and indenture of apprentices only where the purpose of the residency requirement is to promote compliance with affirmative action goals and timetables.
(5) Committee programs, plant programs, and on-the-job training programs must contain the provisions required by RCW 49.04.050 and, in addition, shall contain:
(a) Provision for nondiscrimination in the selection of apprentices in substantially the following form: Each sponsor of an apprenticeship program shall include in its standards the following equal opportunity pledge: "The recruitment, selection, employment and training of apprentices during their apprenticeship shall be without discrimination because of race, color, religion, national origin, or sex. The sponsor will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required by the rules of the Washington state apprenticeship and training council and Title 29 CFR Part 30."
(b) Provision that there shall be no discrimination on the basis of race, color, creed, sex, or national origin after selection during all phases of employment during apprenticeship.
(c) Provision that adequate records of the selection process must be kept for a period of at least five years and will be made available to the council or its designated representative on request. Such records must include a brief summary of any interviews and the conclusions reached on each of the specific factors which are part of the total judgment concerning each applicant.
(d) Provision for local committee rules and regulations consistent with these rules and the applicable apprenticeship agreement.
(6) Any proposed standards for apprenticeship must be consistent with any standards for apprenticeship already approved by the council for the industry, craft or trade in question to the end that there is general state-wide uniformity of such standards in each industry, trade or craft.
(7) Proposed standards shall be considered consistent if they are equal to or exceed the average number of hours and do not exceed the maximum number of hours for such trade, craft, or occupation within this state. In addition, the course content and delivery method are similar to the extent that they are designed to achieve the same levels of skills as existing standards within the state for that industry, trade, or craft.
(8) Shall contain a statement of the progressively increasing scale of wages based on specified percentages of a specific wage which shall be submitted to the council and updated no less than annually.
(9) A sample apprenticeship agreement which the council approves is
available on request from the supervisor.
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NEW SECTION
WAC 296-04A-034 Who do I send the proposed standards to? The
standards must be received by the supervisor at least forty-five days
before a regularly scheduled council meeting. All proposed standards
submitted for council consideration should be sent to: Supervisor of
Apprenticeship, Department of Labor and Industries, P.O. Box 44530,
Olympia, Washington 98504-4530.
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NEW SECTION
WAC 296-04A-037 What action will the council take on proposed standards? (1) Following the submission of a proposed standard or substantive revised standard, the supervisor will conduct an administrative review of the submission.
(2) No later than thirty days prior to a quarterly council meeting a copy of the proposed agenda and a blank copy of a notice of contest or objection shall be sent to all interested individuals or entities. These are the people who are on the council's mailing list for all regular and special meetings.
(3) Those individuals, associations or other similarly situated entities which meet the definition of "competitor" must send written notice of their desire to contest or object to the consideration of a proposed standard.
(4) The written notice must be received by the supervisor at the Department of Labor and Industries, P.O. Box 44530, Olympia, Washington 98504-4530, no later than five working days prior to a quarterly meeting.
(5) If no timely notice of contest or objection is received, the sponsor of the proposed standard will be notified. The council may choose to consider the proposed standard at the quarterly meeting or refer the proposed standard to an adjudicative proceeding.
(6) If a timely notice of contest or objection is received, the council will refer the proposed standard to an adjudicative proceeding and the parties will be notified.
(7) The council, at its meetings, will allow changes made for
clerical errors and additions of standard approved language deleted from
the proposed standard if authorized representatives of all concerned are
present and authorized to accept changes. The council will not accept
changes at its meetings in the format or language not deemed standard by
the council.
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NEW SECTION
WAC 296-04A-040 When are council meetings held? The council meetings are either regular or special meetings.
(1) Regular meetings of the council are held quarterly during each year beginning on the third Thursday of the months of January, April, July and October. The meetings will be held at such locations within the state of Washington which in the opinion of the council will best promote the purposes of the Washington Apprenticeship Act. Committee programs, plant programs, or amendments thereto, may be approved or disapproved only at regular meetings.
(2) Special meetings of the council may be called by the chair or
by majority of the council members by delivering personally or by mail
written notice to each member of the council and all approved joint
apprenticeship and training committees and to each newspaper of general
circulation, television or radio station which has on file with us a
request to be notified of our special meetings. The meeting notice must
contain the date, time and location of the meeting and specify the
business to be transacted by the council. Final disposition may not be
made of any matter at a special meeting other than specified in the
meeting notice.
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NEW SECTION
WAC 296-04A-043 Who can attend council meetings? All meetings of the council shall be open to the general public, and all actions, transaction of official business of the council, collective decision, commitment or promise, and all collective discussion, acquisition and exchange of facts in the course of deliberation prior to any action of the council shall only be made in meetings open to the public consistent with the provisions of the Open Public Meetings Act, chapter 42.30 RCW and the Administrative Procedure Act, chapter 34.05 RCW.
No member of the public will be required as a condition upon
attending any council meeting to register their name or give any other
information or to fulfill any condition precedent to attendance at
council meetings. If a member of the public wishes to receive a copy of
the minutes from a council meeting he or she should sign the meeting
register and provide an address.
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NEW SECTION
WAC 296-04A-046 Who is given notice of council meetings? (1) Written notice of council meetings will be given to all council members, approved committees and may be given to any persons, organizations, or agencies at the direction of the council, or any member thereof, and in addition shall be given to any newspaper, news service, television or radio station which has requested to be notified of council meetings.
(2) Special meetings shall be open to the general public to the same
extent as the quarterly regular meetings of the council. Notice of
special meetings must be delivered personally or by mail at least twenty-four hours before the time specified in the notice of such special
meeting, except in the case of rule changes pursuant to chapter 34.05 RCW
which must be at least twenty days before the time specified in the
notice.
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NEW SECTION
WAC 296-04A-049 When do my materials have to be submitted? The council will not act upon any request which is addressed to the council unless the request is submitted in writing to the supervisor at least forty-five days prior to the date of such quarterly regular meeting, and any request not submitted forty-five days prior to such quarterly meeting will be deferred to the next quarterly regular meeting of the council and the requester will be notified by the supervisor.
Correspondence must be submitted in writing to the supervisor at
least fifteen working days before the quarterly meeting at which the
council's consideration is requested. However, the supervisor may
consider such correspondence submitted less than fifteen working days
before the meeting if the council determines the correspondence is
crucial to deliberations regarding approval or disapproval of any given
apprenticeship agreement. Noncrucial correspondence submitted less than
fifteen working days before the quarterly meeting will be considered by
the council at the next quarterly meeting.
Exception: Requests for committee approval or proposed standards are not considered general correspondence and must be sent forty-five days prior to meeting.
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NEW SECTION
WAC 296-04A-052 After the standards have been approved what are the committee's responsibilities? (1) The committee duties are to administer the day to day operations of the apprenticeship and training program. The program must be operated in accordance with the procedures, policies and standards as approved by the council, including timely documentation of committee functions and actions, as reflected in complete copies of minutes, to be retained by the local committee and available for inspection by department staff at any time. Committees shall function, administrate or relinquish authority only with our consent.
(2) You may accept or reject applicants for apprenticeship, register accepted applicants as apprentices with the supervisor, remove apprentices from the program in accordance with the standards and inform the supervisor of any matters which affect the standing of individuals as apprentices. Persons not registered with the supervisor as apprentices will not be recognized as apprentices by the council.
(3) Committees approved by the council shall offer training opportunities on an equal basis to all employers and apprentices including all rights, appeals, and services available in the existing apprenticeship program. If an existing committee refuses to provide access to apprenticeship and training opportunities to all employers, the council shall take action as necessary to remove all restrictions to access. Council action may include, but is not limited to, the decertification of the existing committee and recognition of a new committee in order to carry out the intent of chapter 49.04 RCW and the rules adopted under its authority.
(4) A committee shall review its related and supplemental instruction annually for relevancy and currentness. Relevancy shall mean instructional content that is directly required in and applicable to the performance of the work. Relevancy shall not mean academic course content taught by a solely academically qualified instructor except for courses approved by the committee or specified by state law. Currentness means that the instructional content is and remains consistent with the latest trade practices, improvements, and technical advances and on-the-job experiences.
(5) When an "approved training agent" agreement is signed the committee shall furnish the department with a copy and shall notify the department when any agreement is rescinded.
(6) On any correspondence addressed to the council or the supervisor, only the signature of the elected chair and secretary of the committee shall be accepted unless the apprenticeship committee has asked the council to recognize and accept the signature of another person. The correspondence must be signed by a quorum of the members of the apprenticeship committee.
(7) The supervisor and designated staff may be consulted on any matters concerning apprenticeship and training, and they will provide any information concerning apprenticeship training which is available to them.
(8) If a committee has been inactive for twelve or more consecutive
months, as evidenced by the lack of training or enrollment and
registration of apprentices, the supervisor will request administrative
cancellation of the program to be considered at the next regular meeting
of the council.
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NEW SECTION
WAC 296-04A-055 What are the requirements for an on-the-job training program? (1) Training programs may be set up in the same manner as apprenticeship programs, with any exceptions authorized by the council provided that no on-the-job training program shall be established or authorized where there is a parallel apprenticeship program in existence. A training program shall be any program which requires less than two thousand hours of employment for completion. All of these rules shall apply to them as to apprenticeship agreements and programs, except that they will be approved by the supervisor subject to the review of the council.
(2) A pattern standard for an on-the-job training program is
available from the supervisor on request.
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NEW SECTION
WAC 296-04A-060 What are the requirements for a plant program? For
the purpose of these rules a "plant program," over which the council will
assume jurisdiction and serve as a joint apprenticeship and training
committee, pursuant to the authority of RCW 49.04.040, means: An
apprenticeship agreement or agreements with an employer which conforms
in form and substance with the applicable provisions of these rules and
chapter 49.04 RCW in an apprenticeable trade, craft or occupation in
which a major portion of the work to be performed by the apprentice for
such employer is within a geographical area not served by an approved
local joint apprenticeship and training committee. The apprenticeship
agreement must specify the number of required hours for completion of
apprenticeship, which must equal or exceed the average number of hours
for such trade, craft or occupation within this state, which in any event
shall not be less than 2,000 hours of reasonably continuous employment.
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PART C
COUNCIL REVIEW OF APPROVED APPRENTICESHIP COMMITTEES, PROGRAMS AND
DISPUTES
NEW SECTION
WAC 296-04A-100 Does the council review an approved program? Yes.
The supervisor or a designee will investigate any alleged discrepancies
between the actual and required operation of any program and conduct
systematic reviews of the operation of all programs. You will be given
written notice of any violations or complaints. The supervisor, upon
finding violations, may recommend, to the council, cancellation of any
program which is not operated in accordance with its approved standards.
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NEW SECTION
WAC 296-04A-110 What happens if the committee and an apprentice cannot resolve a dispute? The supervisor and the council will act to assist in the resolution of any complaints against a local committee, or other organization that administers an apprenticeship agreement, by any apprentice that has completed a probationary period.
(1) Any controversy or difference that cannot be resolved to the satisfaction of the parties may be submitted by any apprentice who has completed his or her probationary period to the supervisor for resolution. It shall be the responsibility of the committee to notify the apprentice at least twenty days prior to any hearing or meeting the purpose of which is the suspension or cancellation of an apprenticeship agreement. The notice shall be in writing and specify the reason(s) for suspension or cancellation of an agreement.
(a) The apprentice shall request reconsideration of any action that is the basis for the complaint within thirty days of the action. The local committee shall, within thirty days, provide a written notification of its decision on the request for reconsideration to the apprentice and this notification shall be considered the final action of the committee. The apprentice shall submit a written complaint describing the controversy to the supervisor of the apprenticeship division within thirty days of the final action taken on the matter.
(b) The written complaint shall set out the specific matter(s) complained of and the facts, and circumstances relevant to the complaint. Any documents or correspondence relevant to the complaint shall be attached to the complaint. The apprentice shall send a copy of the complaint to the interested local committee or other organization.
(2) Upon receipt of a complaint from an apprentice, the supervisor of the apprenticeship division shall investigate the controversy.
(a) The supervisor shall have thirty working days within which to complete the investigation. During the investigation, the supervisor shall attempt to effect a settlement of the controversy between the parties. If the controversy is not settled during the investigation, the supervisor, at the conclusion of the investigation shall issue a written decision resolving the controversy.
(b) The apprentice and the local committee or other organization shall fully cooperate with the supervisor during the investigation by providing any information or documents requested by the supervisor. The local committee must provide complete copies of all minutes and other documents relevant to the controversy.
(c) The supervisor may, in his or her discretion, delegate the investigation of a complaint by an apprentice to any employee of the apprenticeship division.
(3) If a party is dissatisfied with the decision of the supervisor, the dissatisfied party may request the apprenticeship council to review the decision.
(a) The request shall be made to the council in writing within thirty days of the issuance of the supervisor's decision and shall specify the reasons that the review is requested. The party requesting review shall provide a copy of the request to the other parties to the controversy.
(b) The council shall conduct an informal hearing to consider the request for review of the supervisor's decision. The hearing shall be held in conjunction with the council's regular quarterly meeting unless special circumstances require a hearing at a different time.
(i) At the informal hearing, the council shall review the decision issued by the supervisor and all records of the investigation. The council may also accept testimony or documents from any person, including the supervisor and his or her staff, who has knowledge relating to the controversy.
(ii) Parties at the informal hearing may be represented by counsel and may, at the council's discretion, present argument concerning the controversy. The council shall not apply formal rules of evidence.
(iii) After the informal hearing, the council shall issue a written decision resolving the controversy within thirty days. The decision of the council may be to affirm the decision of the supervisor and in that case the decision of the supervisor becomes the decision of the council. All parties to the informal hearing shall be sent a copy of the council's decision. The chair may sign the decision for the council.
(4) The investigation or review of any controversy under this rule
by the supervisor or the council shall not suspend any action taken or
decision made by the local committee or other organization pending the
issuance of a decision resolving the matter.
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NEW SECTION
WAC 296-04A-120 What is the council's apprenticeship program review and enforcement process? (1) The supervisor and designated staff, in the performance of their field work, shall conduct a systematic review of all plant and committee programs and shall take appropriate action, including recommendation of cancellation, when they find that any program is not being operated according to these rules and regulations or according to its applicable standards.
(2) When any program is found to be operating in a manner inconsistent with or contrary to these rules and regulations or its established plant or committee program, the supervisor shall notify the offending committee, person, firm or agency of the violation. If the supervisor does not receive notice, within sixty days, of action taken to correct such violations, the supervisor may take necessary action, including recommendation of cancellation of the apprenticeship or training program and agreement to the council.
(3) If the supervisor deems it necessary to recommend cancellation of an apprenticeship or training program, the recommendation shall be in writing to each council member, stating in detail the reasons for the recommendation. A copy of the recommendation shall be mailed to the last known address of each member of the committee administering the program, or to those persons responsible for the program, together with notice that the council will consider the recommendation at its next regularly scheduled meeting more than thirty days subsequent to the date of the recommendation and that all interested persons may present evidence or testimony regarding the recommendation. The council will conduct an adjudicative proceeding to address the supervisor's recommendation. The council shall decide the question before it upon majority vote of the members present and voting and shall notify all interested parties of its decision, together with the reasons for it, in writing.
(4) The cancellation of any program or agreement shall automatically
effect a cancellation of any agreement registered thereunder, provided
that any organization or firm not responsible for the violations causing
the cancellation may request the council for approval of such cancelled
agreement or program as a new program.
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NEW SECTION
WAC 296-04A-130 Is there a way to have the council review complaints about a training agent? (1) Any person with personal knowledge of an approved training agent's alleged noncompliance with applicable federal and state apprenticeship rules and standards of apprenticeship may file a written complaint with the supervisor of apprenticeship at the Department of Labor and Industries, P.O. Box 44530, Olympia, Washington 98504-4530.
(a) The written complaint shall set out the specific matter(s) complained of and the facts and circumstances relevant to the complaint. Any documents or correspondence relevant to the complaint shall be attached to the complaint.
(b) Any controversy that involves matters covered by a collective bargaining agreement are not subject to the complaint review procedure established by this rule.
(2) Upon receipt of a complaint the supervisor shall review the complaint and related materials and determine whether an investigation is necessary.
(a) If the supervisor determines that no investigation is necessary, written notice of that decision shall be sent to the complainant, appropriate apprenticeship committee and the approved training agent.
(b) If the supervisor determines that further investigation is necessary, the supervisor shall have thirty working days within which to complete the investigation.
(c) The complainant, training agent, local committee or other organization shall fully cooperate with the supervisor during the investigation by providing any information or documents requested by the supervisor.
(d) The supervisor may, in his or her discretion, delegate the investigation of a complaint to any employee of the apprenticeship division, retaining oversight of the investigation throughout the process.
(3) If the controversy is not resolved during the investigation, the supervisor, at the conclusion of the investigation shall issue a written decision setting forth any corrective action that is necessary to resolve the controversy and ensure compliance with applicable federal and state apprenticeship rules and standards of apprenticeship.
(4) The local committee or training agent shall have thirty days from the issuance of the decision to request review of the decision by the council. The request for review shall be sent to the supervisor at the Department of Labor and Industries, P.O. Box 44530, Olympia, Washington 98504-4530 and must specify the reasons that the review is requested. The supervisor shall send copies of the appeal to local committee, training agent and council and schedule an adjudicative proceeding for the council.
(5) The adjudicative proceeding will review the supervisor's decision and all records of the investigation. The proceeding shall be held in conjunction with the council's regular quarterly meeting unless special circumstances require a hearing at a different time.
(a) The council may also accept testimony or documents from any person, including the supervisor and his or her staff, who has knowledge relating to the controversy.
(b) Parties to the adjudicative proceeding may be represented by counsel and may, at the council's discretion, present argument concerning the controversy. The council need not apply formal rules of evidence.
(6) After the proceeding the council shall issue a final decision within thirty days. All parties shall be sent a copy of the council's decision. The chair may sign the decision for the council.
(7) If council review is not timely sought the local committee or training agent shall have sixty days from the issuance of the decision to complete any corrective action set forth in the supervisor's decision.
(8) The investigation or review of any controversy under this rule
by the supervisor or the council shall not suspend any action taken or
decision made by the local committee or other organization pending the
issuance of a decision resolving the matter.
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NEW SECTION
WAC 296-04A-150 When does an apprentice receive a certificate of
completion? Certificates of completion shall be issued at the request
of the appropriate committee. An affidavit of the secretary, chair, or
authorized official of the committee concerned shall accompany the
request, which affidavit shall state that the apprentice has successfully
completed the apprenticeship program of that committee, and that he/she
has been an active, registered participant of that committee's program
for at least six months.
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PART D
DUTIES AND RESPONSIBILITIES OF COUNCIL AND ADMINISTRATIVE PERSONNEL
NEW SECTION
WAC 296-04A-200 Who are the council officers and what are their duties? The officers of the council shall be a chair, vice-chair, and secretary.
(1) Chair and vice-chair:
(a) The chair and vice-chair shall be elected by majority vote of the council members present and voting at the quarterly business meeting held in April in each odd-numbered year. They shall hold office for a term of two years and until their successors are elected, or until their death or resignation.
(b) The chair shall preside over all meetings, conducting them in accordance with Robert's Rules of Order as modified by these rules and regulations. The chair may vote in all matters before the council as a regular member and may participate in discussion of all matters before the council. The chair shall have such other powers and duties as are now or hereafter provided in these rules and regulations and as are usual or necessary to a presiding officer, as provided in Robert's Rules of Order.
(c) The vice-chair shall preside over all council meetings in the absence of the chair and shall have all of the powers and duties of the chair when presiding.
(2) Secretary:
(a) The supervisor shall be the secretary of the council and shall hold the office of secretary during his or her tenure as supervisor.
(b) The secretary shall, with the assistance of a recording secretary, keep minutes of all special and regular meetings. The minutes of all regular and special meetings shall be kept on file in the secretary's office. Copies of minutes of all meetings shall be sent to all regular and ex officio members of the council and will be available to the public upon written request.
(c) The secretary shall have other powers and duties as are provided in these rules and regulations and as are usually or necessarily concomitant with the office of secretary.
(d) All documents submitted for council consideration should be sent to: Supervisor of Apprenticeship, Department of Labor and Industries, P.O. Box 44530, Olympia, Washington 98504-4530.
(3) Two-thirds of the council members entitled to vote shall be considered a quorum. Ex officio members of the council shall have the full right to participate in discussion of any matters before the council. They shall have no vote.
(4) The council may make any action or decision which it takes retroactive to the date of the previous business session.
(5) The council chair shall establish a standing committee to be
known as the tie-breaker committee, comprised of an employer
representative, an employee representative, and the public member. In
case of a tie vote on proposed standards at any meeting of the council,
the tie-breaker committee shall meet or confer, review the record, and
render a decision on the proposal within thirty days. The supervisor or
a designee of the supervisor shall act as secretary to the committee and
furnish all information necessary for a decision.
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NEW SECTION
WAC 296-04A-210 What are the supervisor's responsibilities? The supervisor shall be the secretary of the council and provide the administrative functions listed in RCW 49.04.030. The supervisor should take actions that are in the best interest of the apprentices. The supervisor shall also register all agreements, review programs and their operation, and recommend cancellation of any committee program, or plant program previously registered which is not operated in conformity with its agreement. The supervisor, with the approval of the council, may issue awards for meritorious service to persons who have given at least five years of continuous service to the apprenticeship and training program of this state. All documents concerning apprenticeship or training agreements, their revision or any other matters affecting apprenticeship or training shall be sent to the supervisor. Such documents may be addressed to: Supervisor of Apprenticeship, Department of Labor and Industries, P.O. Box 44530, Olympia, Washington 98504-4530.
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NEW SECTION
WAC 296-04A-230 Rules may be amended. These rules and regulations
may be amended by a two-thirds majority of regular council members. All
council members, the supervisor, the committees and any other interested
persons shall be promptly notified of any changes in writing. Such
amendments shall be promulgated in accordance with the Administrative
Procedure Act, chapter 34.05 RCW.
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PART E
AFFIRMATIVE ACTION PLAN
NEW SECTION
WAC 296-04A-300 What are the important terms in defining a sponsor or employer's equal employment opportunity obligations? "CFR" refers to the Code of Federal Regulations.
"Journey-level worker" means an individual who has sufficient skills
and knowledge of a trade, craft or occupation either through formal
apprenticeship or through practical on-the-job work experience to be
recognized by a state or federal registration agency or industry as being
fully qualified to perform the work of the trade, craft or occupation.
Practical experience shall be equal to, or more than, the term of
apprenticeship.
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NEW SECTION
WAC 296-04A-30001 What is the purpose of the affirmative action
sections? The following sections are the council's affirmative action
plan and they establish the policies and procedures to promote equality
of opportunity in apprenticeship programs approved by the council and are
adopted in accordance with the provisions of Title 29 CFR Part 30 as
amended and promulgated by the United States Department of Labor. These
policies and procedures apply to the recruitment and selection of
apprentices, and to all conditions of employment and training during
apprenticeship; and the procedures established provide for review of
apprenticeship programs, for registering apprenticeship programs, for
processing complaints, and for deregistering noncomplying apprenticeship
programs. These policies and procedures also provide for continued or
withdrawal of recognition of apprenticeship programs. The purpose of the
following sections 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 these policies and
procedures with other equal opportunity programs.
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NEW SECTION
WAC 296-04A-330 What are the obligations of an apprenticeship program sponsor? Each sponsor of an apprenticeship program shall:
(1) Recruit, select, employ and train apprentices during their apprenticeship, without discrimination because of race, color, religion, national origin, or sex; and
(2) Uniformly apply rules and regulations concerning apprentices, including but not limited to, equality of wages, periodic advancement, promotion, assignment of work, job performance, rotation among all work processes of the trade, imposition of penalties or other disciplinary action, and all other aspects of the apprenticeship program administered by the program sponsors; and
(3) Take affirmative action to provide equal opportunity in apprenticeship, including adoption of an affirmative action plan.
(4) Equal opportunity pledge. Each sponsor of an apprenticeship program shall include in its standards the following equal opportunity pledge: "The recruitment, selection, employment, and training of apprentices during their apprenticeship shall be without discrimination because of race, color, religion, national origin, or sex. The sponsor will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required by the rules of the Washington state apprenticeship and training council and Title 29 CFR Part 30."
(5) Programs presently registered. Each sponsor of a program registered with the council as of the effective date of these rules shall within ninety days following that effective date take the following action:
(a) Include in the standards of its apprenticeship program the equal opportunity pledge prescribed by subsection (4) of this section; and
(b) Adopt an affirmative action plan; and
(c) Adopt a selection procedure as required by WAC 296-04A-350. A sponsor adopting a selection method under WAC 296-04A-350 (2), (3) or (4), shall prepare and have available for submission upon request, copies of its amended standards, affirmative action plans, and selection procedure. A sponsor adopting a selection method under WAC 296-04A-350(5) shall submit to the council copies of its standards, affirmative action plan, and selection procedure.
(6) Sponsors seeking new registration. A sponsor of a program seeking new registration and approval of the council shall submit copies of its proposed standards, affirmative action plan, selection procedures, and such other information as may be required. The program shall be registered and approved if such standards, affirmative action plan, and selection procedure meet the requirements of these rules.
(7) Programs subject to approved equal employment opportunity programs. A sponsor shall not be required to adopt an affirmative action plan under WAC 296-04A-340, or a selection procedure under WAC 296-04A-350, if it submits to the council satisfactory evidence that it is in compliance with an equal employment opportunity program providing for the selection of apprentices and for affirmative action in apprenticeship including goals and timetables for women and minorities which has been approved as meeting the requirements of Title VII of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e, et seq.) and its implementing regulations published in Title 29 CFR Chapter XIV, or Executive Order 11246, as amended, and its implementing regulations at Title 41 CFR Chapter 60: Provided, That programs approved, modified or renewed subsequent to the effective date of this amendment will qualify for this exception only if the goals and timetables for minorities and women for the selection of apprentices provided for in such programs are equal to or greater than the goals required under this part.
(8) Program with fewer than five apprentices. A sponsor of a
program in which fewer than five apprentices are indentured shall not be
required to adopt an affirmative action plan under WAC 296-04A-340, or
a selection procedure under WAC 296-04A-350: Provided, That such program
was not adopted to circumvent the requirements of this part.
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NEW SECTION
WAC 296-04A-340 What are the requirements of an affirmative action plan? (1) Adoption of a sponsor's commitment to equal opportunity in recruitment, selection, employment, and training of apprentices shall include the adoption of a written affirmative action plan.
(2) Definition of affirmative action. Affirmative action is not mere passive nondiscrimination. It includes procedures, methods and programs for the identification, positive recruitment, training, and motivation of present and potential minority and female (minority and nonminority) apprentices including the establishment of goals and timetables. It is action which will equalize opportunity in apprenticeship so as to allow full utilization of the work potential of minorities and women. The overall result to be sought is equal opportunity in apprenticeship for all individuals participating in or seeking entrance to the labor force of this state.
(3) Outreach and positive recruitment. An acceptable affirmative action plan must also include adequate provisions for outreach and positive recruitment that would reasonably be expected to increase minority and female participation in apprenticeship by expanding the opportunity of minorities and women to become eligible for apprenticeship selection. In order to achieve these objectives, sponsors shall undertake activities such as those listed below. It is not contemplated that each sponsor necessarily will include all of the listed activities in its affirmative action program. The scope of the affirmative action program will depend on all the circumstances including the size and type of the program and its resources. However, the sponsor will be required to undertake a significant number of appropriate activities in order to enable it to meet its obligations under these rules. The affirmative action plan shall set forth the specific steps the sponsor intends to take in the areas listed below. Whenever special circumstances warrant, the council may provide from any funds made available to it for such purpose, such financial or other assistance it deems necessary to implement the requirements of this subsection.
(a) Dissemination of information concerning the nature of apprenticeship, requirements for admission to apprenticeship, availability of apprenticeship opportunities, sources of apprenticeship applications, and the equal opportunity policy of the sponsor. For programs accepting applications only at specified intervals, such information shall be disseminated at least thirty days in advance of the earliest date for application at each interval. For programs customarily receiving applications throughout the year, such information shall be regularly disseminated, but not less than semiannually. Such information shall be given to the council, local schools, employment service offices, women's centers, outreach programs and community organizations which can effectively reach minorities and women and shall be published in newspapers which are circulated in the minority community and among women as well as the general areas in which the program sponsor operates.
(b) Participate in any workshops conducted by employment service agencies for the purpose of familiarizing school, employment service and other appropriate personnel with the apprenticeship system and current opportunities therein.
(c) Cooperation with the local school boards and vocational education systems to develop programs for preparing students to meet the standards and criteria required to qualify for entry into apprenticeship programs.
(d) Internal communication of the sponsor's equal opportunity policy in such a manner as to foster understanding, acceptance, and support among the sponsor's various officers, supervisors, employees, and members and to encourage such persons to take the necessary action to aid the sponsor in meeting its obligations under these rules.
(e) Engaging in such programs as outreach for the positive recruitment and preparation of potential applicants for apprenticeship; where appropriate and feasible, such programs shall provide for pretesting experience and training. If no programs are in existence, the sponsor shall seek to initiate these programs, or, when available, to obtain financial assistance from the council. In initiating and conducting these programs, the sponsor may be required to work with other sponsors and appropriate community organizations. The sponsor shall also initiate programs to prepare women and encourage women to enter traditionally male programs.
(f) To encourage the establishment and utilization of programs of preapprenticeship, preparatory trade training, or others designed to afford related work experience or to prepare candidates for apprenticeship, a sponsor shall make appropriate provision in its affirmative action plan to assure that those who complete such programs are afforded full and equal opportunity for admission into the apprenticeship program.
(g) Utilization of journey-level worker to assist in the implementation of the sponsor's affirmative action program.
(h) Granting advance standing or credit on the basis of previously acquired experience, training, skills, or aptitude for all applicants equally.
(i) Admitting to apprenticeship persons whose age exceeds the maximum age for admission to the program, where such action is necessary to assist the sponsor in achieving its affirmative action obligations.
(j) Appropriate action as to ensure that the recruitment, selection, employment, and training of apprentices during apprenticeship, shall be without discrimination because of race, color, religion, national origin, or sex; such as: General publication of apprenticeship opportunities and advantages in advertisements, industry reports, articles, etc.; use of present minority and female apprentices and journey-level workers as recruiters; career counseling; periodic auditing of affirmative action programs and activities; and development of reasonable procedures between the sponsor and the employers of apprentices to ensure that equal employment opportunity is being granted including reporting systems, on-site reviews, briefing sessions, etc. The affirmative action programs shall set forth the specific steps the sponsors intend to take in the above areas under this subsection (3). Whenever special circumstances warrant, the council may provide such financial or other assistance from funds available to it for that purpose, as it deems necessary to implement the above requirements.
(4) Goals and timetables.
(a) A sponsor adopting a selection method under WAC 296-04A-350 (2) or (3), which determines on the basis of analysis described in (e) of this subsection that it has deficiencies in terms of underutilization of minorities and/or women (minority and nonminority) in the craft or crafts represented by the program shall include in its affirmative action plan percentage goals and timetables for the admission of minority and/or female (minority and nonminority) applicants into the eligibility pool.
(b) A sponsor adopting a selection method under WAC 296-04A-350 (4) or (5), which determines on the basis of the analysis described in (e) of this subsection that it has deficiencies in terms of the underutilization of the minorities and/or women in the craft or crafts represented by the program shall include in its affirmative action plan percentage goals and timetables for the selection of minority and female (minority and nonminority) applicants for the apprenticeship program.
(c) "Underutilization" as used in this subsection refers to the situation where there are fewer minorities and/or women (minority and nonminority) in the particular craft or crafts represented by the program than would reasonably be expected in view of an analysis of the specific factors in (e) of this subsection. Where, on the basis of the analysis, the sponsor determines that it has no deficiencies, no goals and timetables need be established. However, where no goals and timetables are established, the affirmative action plan shall include a detailed explanation why no goals and timetables have been established.
(d) Where the sponsor fails to submit goals and timetables as part of its affirmative action plan or submits goals or timetables which are unacceptable, and the council determines that the sponsor has deficiencies in terms of underutilization of minorities or women (minority and nonminority) within the meaning of this section, the council shall establish goals and timetables applicable to the sponsor for the admission of minority and female (minority and nonminority) applicants into the eligibility pool for selection of apprentices, as appropriate. The sponsor shall make good faith efforts to obtain these goals and timetables in accordance with the requirements of this section.
(e) Analysis to determine if deficiencies exist. The sponsor's determination as to whether goals and timetables shall be established shall be based on an analysis of at least the following factors, which analysis shall be set forth in writing as part of the affirmative action plan.
(i) The percentage of the working age minority and female (minority and nonminority) population in the program sponsor's labor market area;
(ii) The percentage of the minority and female (minority and nonminority) labor force in the program sponsor's labor market area;
(iii) The percentage of the minority and female (minority and nonminority) participation as apprentices in the particular craft as compared with the percentage of minorities and women (minority and nonminority) in the labor force in the program sponsor's labor market area;
(iv) The percentage of minority and female (minority and nonminority) participation as journey-level worker employed by the employer or employers participating in the program as compared with the percentage of minorities and women (minority and nonminority) in the sponsor's labor market area and the extent to which the sponsor should be expected to correct any deficiencies through the achievement of goals and timetables for the selection of apprentices;
(v) The general availability of minorities and women (minority and nonminority) with present or potential capacity for apprenticeship in the program sponsor's labor market area.
In calculating the percentage of minority and female labor force or populations in the program sponsor's labor market in (e)(i) through (v) of this subsection or in calculating any other factors which are included in the analysis set forth in this section, the numerator shall be the number of women or minorities in that particular classification who are in the labor force or population; the denominator shall be the total labor force or population.
(f) Establishment and attainment of goals and timetables. The goals and timetables shall be established on the basis of the sponsor's analysis of its underutilization of minorities and women and its entire affirmative action program. A single goal for minorities and a separate single goal for women is acceptable unless a particular group is employed in a substantially disparate manner in which case separate goals shall be established for such group. Such separate goals would be required, for example, if a specific minority group of women were underutilized even though the sponsor had achieved its standards for women generally. In establishing the goals, the sponsor should consider the results which could be reasonably expected from its good faith efforts to make its overall affirmative action program work. Compliance with these requirements shall be determined by whether the sponsor has met its goals within its timetable, or failing that, whether it has made good faith efforts to meet its goals and timetables. Its "good faith efforts" shall be judged by whether it is following its affirmative action program and attempting to make it work, including evaluation and changes in its program where necessary to attain the maximum effectiveness toward the attainment of its goals. However, in order to deal fairly with program sponsors, and with women who are entitled to protection under the goals and timetable requirements, during the first twelve months after the effective date of these regulations, the program sponsor would generally be expected to set a goal for women for the entering year class at a rate which is not less than fifty percent of the proportion women are of the workforce in the program sponsor's labor market area and set a percentage goal for women in each class beyond the entering class which is not less than the participation rate of women currently in the preceding class. At the end of the first twelve months after the effective date of these regulations, sponsors are expected to make appropriate adjustments in goal levels.
(g) Data and information. The supervisor shall make available to program sponsors data and information on minority and female (minority and nonminority) labor force characteristics provided by the employment security department or the office of financial management for each standard metropolitan statistical area, and for other special areas as appropriate.
The data to be used in calculating percentages of apprentices and
journey-level workers as required by (e)(ii) and (iii) of this subsection
shall be derived from records maintained by apprenticeship committees.
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NEW SECTION
WAC 296-04A-350 What obligations or options does a sponsor have in selecting an apprentice? (1) Obligations of sponsors. In addition to development of a written affirmative action plan to ensure that minorities and women have an equal opportunity for selection as apprentices and otherwise ensure the prompt achievement of full and equal opportunity in apprenticeship, each sponsor shall further provide in its affirmative action program that the selection of apprentices shall be made under one of the methods specified in the following subsections (2) through (5) of this section.
(2) Selection methods. The sponsor shall adopt one of the following methods of selecting apprentices:
(a) Selection on basis of rank from pool of eligible applicants. A sponsor may select apprentices from a pool of eligible applicants created in accordance with the requirements of (c) of this subsection on the basis of the rank order of scores of applicants on one or more qualification standards where there is a significant statistical relationship between rank order of scores and performance in the apprenticeship program. In demonstrating such relationship, the sponsor shall follow the procedure set forth in guidelines on employee selection procedures published at 41 CFR Part 60-3.
(b) Requirements. The sponsor adopting this method of selecting apprentices shall meet the requirements of (c) through (g) of this subsection.
(c) Creation of pool of eligibles. A pool of eligibles shall be created from applicants who meet the qualifications of minimum legal working age and the sponsor's minimum physical requirements; or from applicants who meet qualification standards in addition to minimum legal working age: Provided, That any additional qualification standards conform with the following requirements:
(i) Qualification standards. The qualification standards and the procedures for determining such qualification standards shall be stated in detail and shall provide criteria for the specific factors and attributes to be considered in evaluating applicants for admission to the pool. The score required under each qualification standard for admission to the pool shall also be specified. All qualification standards, and the score required on any standard for admission to the pool, shall be directly related to job performance, as shown by a significant statistical relationship between the score required for admission to the pool, and performance in the apprenticeship program. In demonstrating such relationship, the sponsor shall follow the procedures set forth in 41 CFR Part 60-3. Qualifications shall be considered as separately required so that the failure of an applicant to obtain the specified score under a single qualification standard shall disqualify the applicant from admission to the pool.
(ii) Aptitude tests. Any qualification standard for admission to the pool consisting of aptitude test scores shall be directly related to job performance, as shown by significant statistical relationships between the score on the aptitude tests required for admission to the pool, and performance in the apprenticeship program. In determining such relationship, the sponsor shall follow the procedures set forth in 41 CFR Part 60-3. The requirements of this item (ii) shall also be applicable to aptitude tests utilized by a program sponsor which are administered by a state employment agency, or any other person, agency or organization engaged in the selection or evaluation of personnel. A national test developed and administered by a national joint apprenticeship committee will not be approved by the United States Department of Labor unless such test meets the requirements of this subdivision.
(iii) Educational attainments. All educational attainments or achievements as qualifications for admission to the pool shall be directly related to job performance, as shown by a significant statistical relationship between the score required for admission to the pool and performance in the apprenticeship program. In demonstrating such relationship the sponsor shall meet the requirements of 41 CFR Part 60-3. School records or a passing grade on the general educational development tests recognized by the state or local public instruction authority shall be evidence of educational achievement. Education requirements shall be applied uniformly to all applicants.
(d) Oral interviews. Oral interviews shall not be used as a qualification standard for admission into an eligibility pool. However, once an applicant is placed in the eligibility pool, and prior to selection for apprenticeship from the pool, he or she may be required to submit to an oral interview. Oral interviews shall be limited to such objective questions as may be required to determine the fitness of applicants to enter the apprenticeship program, but shall not include questions relating to qualifications previously determined in gaining entrance to the eligibility pool. When an oral interview is used, each interviewer shall record the questions and the general nature of the applicant's answers, and shall prepare a summary of any conclusions. Each applicant rejected from the pool of eligibles on the basis of an oral interview shall be given a written statement of such rejection, the reasons therefor, and the appeal rights available to the applicant.
(e) Notification of applicants. All applicants who meet the requirements for admission shall be notified and placed in the eligibility pool. The program sponsors shall give each rejected applicant who is not selected for the pool or the program notice of his or her rejection, including the reason for the rejection, the requirements for admission to the pool of eligibles, and the appeal rights available to the applicant.
(f) Goals and timetables. The sponsor shall establish, where required by WAC 296-04A-340(4), percentage goals and timetables for the admission of minorities and women (minority and nonminority) into the pool of eligibles in accordance with the provisions of WAC 296-04A-340 (4)(a) through (f).
(g) Compliance. A sponsor shall be deemed to be in compliance with its commitments under (f) of this subsection if it meets its goals or timetables or if it makes a good faith effort to meet these goals and timetables. In the event of the failure of the sponsor to meet its goals and timetables, it shall be given an opportunity to demonstrate that it has made every "good faith effort" to meet its commitments. All the actions for the sponsor shall be reviewed and evaluated in determining whether such good faith efforts have been made.
(3) Random selection from pool of eligible applicants.
(a) Selection. A sponsor may select apprentices from a pool of eligible applicants on a random basis. The method of random selection is subject to approval by the council. Supervision of the random selection process shall be by an impartial person or persons selected by the sponsor, but not associated with the administration of the apprenticeship program. The time and place of the selection, and the number of apprentices to be selected, shall be announced. The place of the selection shall be open to all applicants and the public. The names of apprentices drawn by this method shall be posted immediately following the selection at the program sponsor's place of business.
(b) Requirements. The sponsor adopting this method of selecting apprentices shall meet the requirements of subsection (2) (c) through (e) of this section relating to the creation of a pool of eligibles, oral interviews and notification of applicants.
(c) Goals and timetables. The sponsor shall establish where required by WAC 296-04A-340(4), percentage goals and timetables for the admission of minorities and women (minority and nonminority) into the pool of eligibles in accordance with the provisions of WAC 296-04A-340 (4)(d) through (f).
(d) Compliance. Determinations as to the sponsor's compliance with its obligations under these rules shall be in accordance with the provisions of subsection (2)(g) of this section.
(4) Selection from pool of current employees.
(a) Selection. A sponsor may select apprentices from an eligibility pool of the workers already employed by the program sponsor in a manner prescribed by a collective bargaining agreement where such exists, or by the sponsor's established promotion policy. The sponsor adopting this method of selecting apprentices shall establish goals and timetables for the selection of minority and female apprentices, unless the sponsor concludes, in accordance with the provisions of WAC 296-04A-340 (4)(d) through (f), that it does not have deficiencies in terms of underutilization of minorities and/or women (minority and nonminority) in the apprenticeship of journey-level workers' crafts represented by the program.
(b) Compliance. The determination as to the sponsor's compliance with its obligations under these regulations shall be in accordance with the provisions of subsection (2)(g) of this section.
(5) Alternative selection methods. Selection. The sponsor may select apprentices by means of any other method, including its present selection method: Provided, That the sponsor meets the following requirements:
(a) Selection method and goals and timetables. Within ninety days of the effective date of these rules, the sponsor shall submit to the council, through its supervisor, the revised selection method it proposes to use along with the rest of its written affirmative action program including, where required by WAC 296-04A-340(4), its percentage goals and timetables for the selection of minority and/or female (minority and nonminority) applicants for apprenticeship and its written analysis, upon which such goals and timetables, or lack thereof, are based. The establishment of goals and timetables shall be in accordance with the provisions of WAC 296-04A-340 (4)(d) through (f). The sponsor may not implement any such selection method until the council has approved the selection method as meeting the requirements of (b) of this subsection and has approved the remainder of its affirmative action program including its goals and timetables. If the council fails to act upon the selection method and the affirmative action program within thirty days of its submission, the sponsor then may implement the selection method until acted upon by the council.
(b) Qualification standards. Apprentices shall be selected on the basis of objective and specific qualification standards. Examples of such standards are fair aptitude tests, school diplomas or equivalent, occupationally essential health requirements, fair interviews, school grades, and previous work experience. Where interviews are used, adequate records shall be kept including a brief summary of each interview and the conclusions on each of the specific factors, e.g., motivation, ambition, and willingness to accept direction which are part of the total judgment. In applying any such standards, the sponsor shall meet the requirements of 41 CFR Part 60-3.
(6) Compliance. Determination as to the sponsor's compliance with
its obligations under these regulations shall be in accordance with the
provisions of subsection (2)(g) of this section. Where a sponsor,
despite its good faith efforts, fails to meet its goals and timetables
within a reasonable period of time, the sponsor may be required to make
appropriate changes in its affirmative action program to the extent
necessary to obtain maximum effectiveness toward the attainment of its
goals. The sponsor may also be required to develop and adopt an
alternative selection method, including a method prescribed by the
council where it is determined that the failure of the sponsor to meet
its goals is attributable in substantial part to the selection method.
Where the sponsor's failure to meet its goals is attributable in
substantial part to its use of the qualification standard which has
adversely affected the opportunities of minorities and/or women (minority
and nonminority) for apprenticeship, the sponsor may be required to
demonstrate that such qualification standard is directly related to job
performance, in accordance with the provisions of subsection (2)(c)(i)
of this section.
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NEW SECTION
WAC 296-04A-351 What are an employer's affirmative action
responsibilities? In affirmative action programs under WAC 296-04A-350(5) alternate selection methods where the employer does the selecting,
the employer shall sign an agreement assuming responsibility for
adherence to the council's affirmative action plan contained in these
regulations and 29 CFR Part 30.
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NEW SECTION
WAC 296-04A-360 Existing lists of eligibles and public notice. A
sponsor adopting a selection method under WAC 296-04A-350 (2) or (3), and
a sponsor adopting a selection method under WAC 296-04A-350(5), who
determines that there are fewer minorities and/or women (minority and
nonminority) on its existing list of eligibles than would be reasonably
expected in view of the analysis described in WAC 296-04A-340 (4)(e),
shall discard all existing eligibility lists upon adoption of the
selection methods required by these rules. New eligibility pools shall
be established and lists of eligibility pools shall be posted at the
sponsor's place of business. Sponsors shall establish a reasonable
period of not less than two weeks for accepting applications for
admission to the apprenticeship program. There shall be at least thirty
days of public notice in advance of the earliest date for application for
admission to the apprenticeship program on affirmative action with
respect to dissemination of information. Applicants who have been placed
in a pool of eligibles shall be retained on lists of eligibles subject
to selection for a period of two years. Applicants may be removed from
the list at an earlier date by their request or following their failure
to respond to an apprentice job opportunity given by certified mail,
return receipt requested. Applicants who have been accepted in the
program shall be afforded a reasonable period of time in light of the
customs and practices of the industry for reporting for work. All
applicants shall be treated equally in determining such period of time.
It shall be the responsibility of the applicant to keep the sponsor
informed of his or her current mailing address. Upon request, a sponsor
may restore to the list of eligibles applicants who have been removed
from the list or who have failed to respond to an apprenticeship job
opportunity.
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NEW SECTION
WAC 296-04A-370 What type of records need to be kept? (1) Each sponsor shall keep adequate records including a summary of the qualifications of each applicant, the basis for evaluation and for selection or rejection of each applicant, the records pertaining to the interviews of applicants, the original application for each applicant, information relative to the operation of the apprenticeship program, including but not limited to job assignment, promotion, demotion, layoff, or termination, rates of pay, or other forms of compensation or conditions of work, and separately, hours of training provided, and any other records pertinent to the determination of compliance with these regulations as may be required by the council. The records pertaining to the individual applicants, selected or rejected, shall be maintained in such manner as to permit identification of minority and female (minority and nonminority) participants.
(2) Affirmative action plans. Each sponsor must retain a statement of its affirmative action plan for the prompt achievement of full and equal opportunity in apprenticeship, including all required data and analysis. Sponsors shall review their affirmative action plans annually and update them where necessary, including the goals and timetables.
Documentation necessary to establish a sponsor's good faith effort at implementation of its affirmative action plan also shall be maintained by each sponsor. The documentation shall include:
(a) Who was contacted;
(b) When the contacts were made;
(c) Where the contacts occurred;
(d) How the contacts were made; and
(e) The content of each contact.
(3) Qualification standards. Each sponsor must maintain evidence that its qualification standards have been validated in accordance with the requirements set forth in WAC 296-04A-350(2).
(4) Records of the council. The records of the council shall be kept in the offices of the supervisor, which records shall include registration requirements, individual program standards, registration records, program compliance reviews and investigations, and any other records pertinent to the determination of compliance with these rules, as may be required by the United States Department of Labor, and shall report to the department as may be required.
(5) Maintenance of records. The records required by these rules and
any other information relevant to compliance with Title 29 CFR Part 30
shall be maintained for five years and made available upon request to the
United States Department of Labor or other authorized representative.
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NEW SECTION
WAC 296-04A-380 What is the compliance review process? (1) Conduct of compliance reviews. The supervisor shall regularly conduct systematic reviews of the apprenticeship programs in order to determine the extent to which sponsors are complying with these rules and will also conduct compliance reviews when circumstances, including a receipt of complaints not referred to a private review body, pursuant to WAC 296-04A-400 (2)(a), so warrant, and take appropriate action regarding programs which are not in compliance with the requirements of these rules. Compliance reviews will consist of comprehensive analysis and evaluations of each aspect of the apprenticeship program, including on-site investigations and audits.
(2) Reregistration. Sponsors seeking reregistration shall be subject to a compliance review as described in subsection (1) of this section by the supervisor as part of the reregistration process.
(3) New registrations. Sponsors seeking new registrations shall be subject to a compliance review as described in subsection (1) of this section by the supervisor as part of the registration process.
(4) Voluntary compliance. Where the compliance review indicates
that the sponsor is not operating in accordance with these rules, the
supervisor shall notify the sponsor in writing of the results of the
review and make a reasonable effort to secure voluntary compliance on the
part of the program sponsor within a reasonable time before undertaking
sanctions under WAC 296-04A-420. In the case of sponsors seeking new
registrations, the supervisor will provide appropriate recommendations
to the sponsor to enable it to achieve compliance for registration
purposes.
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NEW SECTION
WAC 296-04A-390 Noncompliance with federal and state equal
opportunity requirements. A pattern or practice of noncompliance by a
sponsor (or where the sponsor is a joint apprenticeship committee, by one
of the parties represented on each committee) with federal or state laws
or regulations requiring equal opportunity may be grounds for the
imposition of sanctions, if the noncompliance is related to the equal
employment opportunity of apprentices and/or graduates of such an
apprenticeship program under these rules. The sponsor shall take
affirmative steps to assist and cooperate with employers and unions in
fulfilling their equal employment opportunity obligations.
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NEW SECTION
WAC 296-04A-400 How does an apprentice file a complaint? (1) Filing.
(a) Any apprentice or applicant for apprenticeship who believes that he or she has been discriminated against on the basis of race, color, religion, national origin, or sex with regard to apprenticeship or that the equal opportunity standards with respect to his or her selection have not been followed in the operation of an apprenticeship program may, personally or through an authorized representative, file a complaint with the council, or, at the apprentice's or applicant's election, with a private review body established pursuant to (c) of this subsection. The complaint shall be in writing and shall be signed by the complainant. It must include the name, address, and telephone number of the person allegedly discriminated against, the program sponsor involved, and a brief description of the circumstances of the failure to apply the equal opportunity standards provided for in these rules.
(b) The complaint must be filed not later than one hundred eighty days from the date of the alleged discrimination or specified failure to follow the equal opportunity standards; and, in the case of complaints filed directly with review bodies designated by program sponsors to review such complaints, any referral of such complaint by the complainant to the council must occur within the time limitation stated above or thirty days from the final decision of such review body, whichever is later. The time may be extended by the council for good cause shown.
(c) Sponsors are encouraged to establish fair, speedy, and effective procedures for a review body to consider complaints of failure to follow the equal opportunity standards. A private review body established by the program sponsor for this purpose should number three or more responsible persons from the community serving in this capacity without compensation. Members of the review body should not be directly associated with the administration of an apprenticeship program. Sponsors may join together in establishing a review body to serve the needs of programs within the community.
(2) Processing of complaints.
(a) When the sponsor has designated a review body for reviewing complaints, the council, unless the complainant has indicated otherwise or unless the council has determined that the review body will not effectively enforce the equal opportunity standards, the supervisor, upon receiving a complaint, shall refer the complaint to the review body.
(b) The supervisor shall, within thirty days following the referral of the complaint to the review body, obtain the reports from the complainant and the review body as to the disposition of the complaint. If the complaint has been satisfactorily adjusted and there is no other indication of failure to apply equal opportunity standards, the case shall be closed and the parties appropriately informed.
(c) When a complaint has not been resolved by the review body within ninety days or where, despite satisfactory resolution of the particular complaint by the review body, there is evidence that equal opportunity practices of the apprenticeship program are not in accordance with these rules, the council may conduct such compliance review as found necessary, and will take all necessary steps to resolve the complaint.
(3) Where no review body exists, the council may conduct such compliance review as found necessary in order to determine the facts of the complaint, and obtain such other information relating to compliance with these regulations as the circumstances warrant.
(4) Sponsors shall provide written notice of the above complaint
procedure to all applicants for apprenticeship and all apprentices.
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NEW SECTION
WAC 296-04A-410 Can there be schedule adjustments in compliance
review or complaint processing? Yes. If in the judgment of the council,
a particular situation warrants and requires special processing, and
either expedited or extended determination, it shall take the steps
necessary to permit such determination, if it finds that no person or
party affected by such determination will be prejudiced by such special
processing.
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NEW SECTION
WAC 296-04A-420 What are the sanctions for noncompliance? (1) Where the supervisor, as a result of a compliance review or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with these rules and voluntary corrective action has not been taken by the program sponsor, the council shall institute proceedings to deregister the program or it shall refer the matter to the equal employment opportunity commission or to the attorney general with recommendations for the institution of a court action under Title VII of the Civil Rights Act of 1964, as amended, or to the attorney general for other court action as authorized by law.
(2) The deregistration proceedings shall be conducted according to the following procedures:
(a) The council shall notify the sponsor, in writing, that a determination of reasonable cause has been made under subsection (1) of this section and that the apprenticeship program may be deregistered unless, within fifteen days of the receipt of the notice, the sponsor requests a hearing. The notification shall specify the facts on which the determination is based.
(b) If within fifteen days of the receipt of the notice provided for in (a) of this subsection, the sponsor mails a request for hearing, the supervisor shall convene an appropriate hearing.
(c) The council shall make a final decision on the basis of the
record before it, which shall consist of the compliance review file and
other evidence presented. In its discretion, the council may allow the
sponsor a reasonable time to achieve voluntary corrective action. If the
council's decision is that the apprenticeship program is not operating
in accordance with these rules, the apprenticeship program may be
deregistered. In each case in which deregistration is ordered, the
council shall make public notice of the order and shall notify the
sponsor and the complainant, if any.
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NEW SECTION
WAC 296-04A-430 Can a program be reinstated? Yes. Any
apprenticeship program deregistered pursuant to these rules may be
reinstated upon presentation of adequate evidence to the council that the
apprenticeship program is operating in accordance with these rules.
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NEW SECTION
WAC 296-04A-440 Adoption of consistent state plans. All apprenticeship programs registered with the council shall comply with the requirements of WAC 296-04A-300 through 296-04A-480 within ninety days after the effective date of these rules.
(1) The United States Department of Labor shall have authority to conduct compliance reviews to determine whether the Washington state affirmative action plan or any state apprenticeship program registered with the council is being administered or operated in accordance with the provisions of Title 29 CFR Part 30.
(2) It shall be the responsibility of the council to take the necessary action to bring a noncomplying program into compliance with these rules. In the event the council fails to fulfill this responsibility, the secretary of the United States Department of Labor may withdraw the recognition for federal purposes of any or all state apprenticeship programs, in accordance with the procedures for deregistration of programs registered by the department, or refer the matter to the attorney general of the United States with a recommendation for the institution by the attorney general of a court action under Title 7 of the Civil Rights Act of 1964.
(3) The council shall notify the United States Department of Labor of any state apprenticeship program disapproved and deregistered by it.
(4) Any state apprenticeship program disapproved and deregistered by the council for noncompliance with the requirements of these rules or Title 29 CFR Part 30 may, within fifteen days of the receipt of the notice of disapproval and deregistration, appeal to the United States Department of Labor to set aside the determination of the state apprenticeship and training council. The United States Department of Labor shall make its determination on the basis of the record. The United States Department of Labor may grant the state program sponsor, the state apprenticeship and training council, and the complainant, if any, the opportunity to present oral or written argument.
(5) Withdrawal of recognition. Whenever the United States Department of Labor determines that reasonable cause exists to believe that the council has not adopted or implemented a plan in accordance with the equal opportunity requirements of Title 29 CFR Part 30, it shall give notice to the council and to appropriate state sponsors of this determination, stating specifically wherein the state's plan failed to meet such requirements and the United States Department of Labor proposes to withdraw recognition for federal purposes from the state apprenticeship and training council unless within fifteen days of the receipt of the notice, the council complies with the provisions of Title 29 CFR Part 30 or mails a request for a hearing to the secretary of the United States Department of Labor.
(6) If within fifteen days of the receipt of the notice provided for in subsection (5) of this section, the council neither complies with the provisions of Title 29 CFR Part 30, nor mails a request for a hearing, the secretary of the United States Department of Labor shall notify the council of the withdrawal of recognition.
(7) If within fifteen days of the receipt of the notice provided for in subsection (5) of this section, the council mails a request for a hearing, the secretary of the United States Department of Labor shall proceed in accordance with Title 29 CFR Section 30.16.
(8) If a hearing is conducted in accordance with Title 29 CFR Section 30.16, the secretary of the United States Department of Labor upon receipt of the proposed findings and recommended decision of the hearing officer shall make a final decision whether the council has adopted or implemented a plan in accordance with equal opportunity requirements of Title 29 CFR Part 30.
(9) If the secretary of the United States Department of Labor determines to withdraw from recognition, for federal purposes, from the state apprenticeship and training council, the secretary shall notify the council of this determination. The secretary shall also notify the state's sponsors that within thirty days of the receipt of the notice the United States Department of Labor shall cease to recognize, for federal purposes, each state apprenticeship program unless the state program sponsor requests registration with the United States Department of Labor. Such registration may be granted contingent upon finding that the state apprenticeship and training program is operating in accordance with the requirements of Title 29 CFR Part 30.
(10) If the secretary of the United States Department of Labor
determines to withdraw recognition, for federal purposes, from the
council, such recognition may be reinstated upon presentation of adequate
evidence to the secretary of the United States Department of Labor that
the council has adopted and implemented a plan carrying out the equal
opportunity requirements of Title 29 CFR Part 30.
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NEW SECTION
WAC 296-04A-460 Intimidatory or retaliatory acts. Any
intimidation, threat, coercion, or retaliation by or with the approval
of any sponsor against any person for the purpose of interfering with any
right or privilege secured by Title VII of the Civil Rights Act of 1964,
as amended Executive Order 11246, as amended, or because he or she has
made a complaint, testified, assisted or participated in any manner in
any investigation proceeding, or hearing under these rules or Title 29
CFR Part 30, shall be considered noncompliance with the equal opportunity
standards of these rules. The identity of complainants shall be kept
confidential except to the extent necessary to carry out the purpose of
these rules, including the conduct of any investigation, hearing, or
judicial proceeding arising therefrom.
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NEW SECTION
WAC 296-04A-470 Nondiscrimination. The commitments contained in
the sponsor's affirmative action program are not intended and shall not
be used to discriminate against any qualified applicant or apprentice on
the basis of race, color, religion, national origin, or sex.
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NEW SECTION
WAC 296-04A-480 Exemptions to affirmative action plan requirements.
Requests for exemption from these rules, or any part thereof, shall be
made in writing to the supervisor, and shall contain a statement of
reasons supporting the request. The exemptions may be granted for good
cause by the council, or the secretary of the United States Department
of Labor, and the council shall notify the United States Department of
Labor of any such exemptions granted affecting a substantial number of
employers and the reasons therefor. These variances are intended to
apply only to WAC 296-04A-300 through 296-04A-480, the affirmative action
plan of the state apprenticeship and training council.
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