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Commissioner of Labor's Work
Training Regulations for Apprenticeship and Training Programs
Table of Contents
Sec. 31-51d-1. Purpose and scope
This regulation publishes the Labor Commissioner's work training
standards, policies and procedures related to the approval,
registration, cancellation and deregistration of apprenticeship
and other on the job programs and agreements. (Effective January
22, 1980)
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Sec. 31-51d-2. Apprenticeship definitions
a. "Commissioner"
means the Commissioner of Labor for the State of
Connecticut.
b. "Department"
means the Connecticut Labor Department, Office of Job
Training and Skill Development which is the registration
agency for all programs.
c. "Director"
means the administrator of the Office of Job Training and
Skill Development
d. "Council"
means the Connecticut State Apprenticeship Council which
recommends policy concerning apprenticeship to the
Commissioner.
e. "Apprentice"
means a person employed with a sponsor receiving skill
training under a written agreement which provides specific
terms of apprenticeship and employment including but
not limited to wage progression; specific hours of job
training processes; hours and courses of school instruction
which satisfactory completion thereof provides recognition
as a qualified professional, technical, craft or trade
worker.
f. "Pre-apprentice" means a person, student or minor employed
under a written agreement with an apprenticeship program
sponsor for a term of training and employment not exceeding
2,000 hours or 24 months. During this period pre-apprentices
may be paid less than the apprentice starting rate but not
less than the minimum wage.
g. "Trainee"
means person employed with a sponsor receiving on the job
training under a written agreement which provides for
specific terms of employment and training including but not
limited to wage progression; specific hours of job training
processes; hours and courses of school instruction which
satisfactory completion thereof provides recognition of
attaining a specific occupational objective which is not
recognized as a full craft skill. All requirements of this
regulations pertaining to apprentices and apprenticeship
programs apply to trainees and training programs.
h. "Journeyperson" means any person who has completed an
apprenticeship or is recognized/classified as a skilled
person and possesses a valid journeyperson card of
occupational license when required.
i. "Apprentice
Agreement" means a written agreement entered into by an
apprentice or, in case of a minor 16 and 17 years of age
only, on his behalf by his parent or guardian with an
employer or with an association of employees and an
organization of employers acting as a joint apprenticeship
committee which agreement provides for not less than (2) two
thousand hours of work experience in approved trade training
consistent with recognized requirements established by
industry or joint labor-industry practice and for the number
of hours of related and supplemental instructions prescribed
by the Council or which agreement meets requirements of the
federal government for on the job training schedules which
are essential in the opinion of the Labor Commissioner for
the development of manpower in Connecticut industries.
j. "Apprenticeship Program" shall mean a plan containing all
terms and training of apprentices including such matters as
the requirements for a written agreement.
k. "Sponsor"
shall mean any duly established firm, association,
committee, organization or corporation permanently located
within the State of Connecticut with recognized capability
to operate an apprenticeship program and in whose name the
program is approved and registered.
l. "Employer"
shall mean any establishment which is party to an
apprenticeship program employing an apprentice whether or
not such establishment is a party to an apprenticeship
agreement with the apprentice.
m. "Apprenticeship Committee" means those
persons designated by the sponsor to act for it in the
administration of the program. A committee may be "joint"
i.e. it is composed of an equal number of representatives of
the employer(s) and of the employees represented by a bona
fide collective bargaining agent(s) and has been established
to conduct, operate, or administer an apprenticeship program
and enter into apprenticeship agreements with apprentices. A
committee may be "unilateral" or "non-joint" and shall mean
a program sponsor in which a bona fide collective bargaining
agent is nonexistent or has waived participation.
n. "Related
Instruction" means an organized and systematic form of
instruction designed to provide the apprentice with
knowledge of the theoretical and technical subjects related
to his/her trade.
o. "Registration
of an apprentice program" means the acceptance and recording
of such a program by the department as meeting the basic
standards and requirements of the Commissioner for approval
of such program where required for federal and state
purpose. Approval is evidenced by formal notice in writing
from the Office of the Commissioner.
p. "Registration
of an apprentice" means the acceptance and recording of a
duly executed apprenticeship agreement by the Commissioner
as evidence of participation in a particular bona fide
registered apprenticeship program as required for state or
federal purposes.
q. "Bona fide
apprentice" means an apprentice training and registered
under standards recognized by the Secretary of Labor or a
state apprenticeship agency.
(Effective January 22, 1980)
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(Sec. 31-51d-3. Eligibility and procedure for
approval and registration
a. No
apprenticeship program or agreement shall be eligible for
approval and registration unless it is in conformity with
the requirements of this regulation.
b. The apprentice
must be individually registered by filing copies of each
apprenticeship agreement with the director. This
registration is not transferable from one program sponsor to
another program sponsor without written notice to the
director and formal transfer thereof. When sponsor
reorganization occurs, transfer of program obligations to
the new entity is allowed when new organization is
controlled by former principal officers or owners.
Registration is reserved for those desiring to learn a trade
through reasonably continuous employment. Agreements shall
not be registered for persons desiring only work or
employment on a substantially shorter work week than is
prevailing in the industry. This, however, does not apply to
pre-apprentices who are pursuing a course of career study as
students in the same trade or in study related to the trade.
c. The director
shall be notified promptly of the termination or suspension
of any registered training agreement, with cause for same,
and of apprenticeship and training completions.
Certification of the registration status of any apprentice
shall be issued in writing by the director upon request.
d. Any
modification(s) or change(s) to registered standards shall
be promptly submitted to the director and, if duly approved,
shall be recorded and acknowledged as a revision of such
standards.
e. Under a
program proposed for approval and registration by an
employer or employers' association where the standards,
collective bargaining agreement or other instrument provides
for participation by a union in any matter in the operation
of the substantive matters of the apprenticeship program and
such participation is exercised, written acknowledgment of
union agreement or "no objection" to the registration is
required. Where no such participation is evidenced and
practiced, the employer or employer's association shall
simultaneously furnish to the union, if any, which is the
collective bargaining agent of the employees to be trained,
a copy of the application for registration and of the
apprenticeship program. The director shall provide a
reasonable time of not less than 30 days nor more than 60
days for receipt of union comments, if any, before final
action on the application for registration for approval.
f. If the sponsor
is involved in any abnormal labor condition such as a
strike, lockout, or other similar condition, the approval of
an apprenticeship program may be temporarily suspended until
such issue is resolved.
g. If it should
be determined by the department that a sponsor is in
violation of any federal or state labor laws or rules or
regulation, the apprenticeship program approval may be
suspended until such issue is resolved.
(Effective January 22, 1980)
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Sec. 31-51d-4. Criteria for
apprenticeable occupations
An
apprenticeable occupation is a trade or occupation which possess
all of the following characteristics:
a. Is customarily
learned in a practical way through a structured systematic
program of on the job supervised training;
b. It is clearly
identified and commonly recognized throughout the industry;
c. It involves
manual, mechanical or technical skill and knowledge which
requires a minimum of 2,000 hours of on the job work
experience; and
d. It requires a
recommended minimum equivalent of 144 hours per year related
instruction to supplement the on the job training.
(Effective January 22, 1980)
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Sec. 31-51d-5. Standards of apprenticeship
An apprenticeship program, to be eligible for approval and
registration by the department, shall conform to the following
standards:
a. The program is
an organized, written plan embodying the terms and
conditions of employment, training and supervision of one or
more apprentices in an apprenticeable occupation and
subscribed to by the sponsor's standards. All apprentice
employees under the jurisdiction of a sponsor's standards
must be duly registered;
b. A statement of
the trade, craft or occupation to be taught and the required
hours for completion of training;
c. An outline of
the work processes in which the apprentice will receive
supervised work experience and training on the job and the
allocation of the approximate time to be spent in each major
process;
d. A statement of
the number of hours to be spent in related instruction per
year. A minimum of 144 hours per year is recommended. The
department may, with the advice of the Council in the best
interest of apprenticeship, reduce or increase the hours of
related instruction of which instruction may be given in a
classroom through trade or industrial courses or by
correspondence courses of equivalent value or other forms of
self-study;
e. A statement of
the progressively increasing scale of wages to be paid the
apprentice consistent with the skill acquired, the entry
wage to be not less than the average minimum wage prescribed
by industry practice, public contracts, state laws,
respective regulation, or by collective bargaining
agreement. All apprenticeship programs within the
construction industry shall have progressive wage scales
negotiated on a normal percentage factor of the sponsor's
minimum journeyperson completion base rate. The percentage
rate will remain constant but the journeyperson completion
rate will conform to the prevailing journeyperson rate
posted for each project if higher than the base rate;
f. A statement
that time spent in related classroom instruction, if during
a scheduled work period, shall be considered as time worked
and paid accordingly with the exception that hours spent in
classroom instruction may not be used in computing overtime;
g. A provision
for a probationary period reasonable in relation to the full
apprenticeship term, with full credit given for such period
toward completion of apprenticeship; during the period of
probation, an apprenticeship agreement may be terminated at
the request in writing of any party thereto, and that during
the entire period of the apprenticeship the sponsor may
terminate the apprenticeship agreement for good cause with
due notice to the apprentice and a reasonable opportunity
for corrective action after giving all parties notice and
opportunity to be heard;
h. Provision that
the services of the department may be utilized for
consultation regarding the settlement of differences arising
out of the apprenticeship agreement and where the
differences cannot be adjusted locally, or in accordance
with the established trade procedure, and such differences
which cannot be amicably settled by the parties may be
submitted to the department for final decision;
i. Provision for
the numeric ration of apprentices to journeypersons
consistent with proper supervision, training safety, and
reasonable continuity of employment, and applicable
provisions in collective bargaining agreements. Each
program's ratio requirements are reviewed based on such
factors as specific trade requirements, availability of
skilled personnel, previous training history, economic
factors, affirmative action efforts and such other factors
which may be pertinent to a successful program operation.
Regardless of any established hiring ratio, the work site
ratio shall not be less than one full-time journeyperson
instructing and supervising the work of each apprentice in a
specific trade;
j. Provision for
transfer of employer's training obligation in multi-employer
program when an employer is unable to fulfill the obligation
under the apprenticeship agreement to another employer under
the same program with the consent of the apprentice and
apprenticeship committee or program sponsor, with full
credit to the apprentice for satisfactory time and training
earned;
k. Provision for apprentices suspended because of lack of work
to be reinstated before new apprentices are hired. Such
periods of suspension shall not be for intermittent periods.
The suspension and reinstatement of apprentices shall be
done in accordance with the collective bargaining agreement
or in relation to retention of the most advanced apprentice;
l. Provision for minimum qualifications required for persons
entering the apprenticeship program;
m. Provision for granting of an advanced standing or credit for
previously acquired experience, training, or skills for each
sponsor's applicants equally, with commensurate wages for
any progression so granted;
n. A provision that the employer shall instruct the apprentice
in safe and healthful work practices and shall insure that
the apprentice is trained in facilities and other
environments that are in compliance with state and federal
occupational safety and health standards;
o. A provision for the placement of an apprentice under a
written apprenticeship agreement which shall directly or by
reference incorporate the standards of the program as part
of the agreement;
p. A provision for periodic review and evaluation of the
apprentice's progress in job performance and in related
instruction, and the maintenance of appropriate progress
records;
q. A provision of recognition for successful completion of
apprenticeship and journeyperson status evidenced by an
appropriate certificate issued by the department;
r. Identification of the approval and registration agency;
s. Provision for the approval, registration, cancellation and
deregistration of the program, and requirement for the
prompt submission of any modification or revision thereto;
t. Provision for registration of apprenticeship agreements and
revisions, notice to the department of persons who have
successfully completed apprenticeship programs, and notice
of terminations and suspension of apprenticeship agreements
and causes therefore;
u. A documentation of the committee organization and a
statement of the functions of the committee are required if
the program sponsor is an apprenticeship committee;
v. A statement containing the equal opportunity pledge
prescribed as follows: The recruitment, selection,
employment and training of apprentices during their
apprenticeship shall be without discrimination because of
race, color, religious creed, age*, marital status, national
origin, ancestry, sex, mental retardation or physical
disability including but not limited to blindness; unless
such disability prevents performance of the work involved in
the apprenticeship program. The sponsor will operate the
apprenticeship program as required under applicable laws,
regulations and executive orders.
w. Name and address of the appropriate authority under the
program to receive, process and make dispositions of
complaints and maintain appropriate record keeping.
(Effective January 22, 1980)
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Sec. 31-51d-6. Apprenticeship agreement
The apprenticeship agreement shall contain explicitly or by reference:
a. Name and signature of the
contracting parties (apprentice and the program sponsor or employer) and the
signature of a parent or guardian if the apprentice is a minor; (ages 16 and
17);
b. The date of birth, the
address, sex, race and ethnic information, education level of the apprentice;
c. Name and address of the
program sponsor and registration agency;
d. A statement of the trade or
craft in which the apprentice is to be trained and the beginning date and term
of apprenticeship;
e. A statement showing: (1)
the number of hours to be spent by the apprentice in work on the job; and (2)
the number of hours to be spent in related and supplemental instruction;
f. A statement setting forth a
schedule of the work processes in the trade in which the apprentice is to be
trained and the approximate time to be spent at each process;
g. A statement of the
graduated scale of wages to be paid the apprentice and whether or not the
required school time shall be compensated when classes are held outside of a
scheduled work period;
h. Statements providing: (1)
that during the probationary period apprenticeship agreement may be terminated
by either party to the agreement without stated cause with notice to the
department; (2) that after the probationary period the agreement may be
terminated at the request of the apprentice, or may be suspended or terminated
by the sponsor for good cause with due notice to the apprentice and a reasonable
opportunity for corrective action and with written notice to the department of
the final action taken;
i. A statement that the
apprentice will be accorded equal opportunity in all phases of apprenticeship
employment and training without discrimination because of race, color, religious
creed, age*, martial status, national origin, ancestry, sex, mental retardation
or physical disability including, but not limited to blindness; unless such
disability prevents performance of the work involved in the apprenticeship
program.
j. Name and address of the
appropriate authority, if any, designated under the program to receive, process
and make disposition of controversies or differences arising out of the
apprenticeship agreement; any such controversies and differences which cannot be
amicably settled by the parties may be submitted to the department for final
decision;
*C.G.S.-31-126 exempts apprenticeship from ae requirements.
k. A reference incorporating
as part of the agreement the standards of the apprenticeship program as it
exists on the date of the agreement and as it may be amended during the period
of the agreement.
(Effective January 22, 1980)
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Sec. 31-51d-7. Deregistration of program
Deregistration of a program may be effected upon the voluntary action of the
sponsor by a request for cancellation of the registration or,
upon reasonable cause, by the department instituting formal
deregistration proceedings in accordance with the provisions of
this regulation.
a.
Request by sponsor.
The department may cancel the registration of an apprenticeship program by a
written acknowledgment of such request stating but not limited to the following:
1. the registration is
cancelled at the sponsor's request and given the effective date of such
cancellation; and
2. that within 15 working days
of the date of the acknowledgment, the sponsor must notify all apprentices of
such cancellation and the effective date and that such cancellation
automatically deprives the apprentice of his/her individual registration.
b. Deregistration by
department.
1. deregistration proceedings
may be undertaken when the apprenticeship program is not conducted, operated or
administered in accordance with the registered standards. In its discretion the
department may allow the sponsor a reasonable time to achieve voluntary
corrective action. The Council may conduct an informal hearing prior to a formal
notice.
2. once a final decision of
non-compliance is made the department shall so notify the program sponsor by
registered mail, return receipt requested, shall state deficiency(ies) and
remedy(ies) require and shall state that the program will be deregistered for
cause unless corrective action is taken within 30 days.
3. upon request by the
sponsor, the 30 day period may be extended for up to an additional 30 day
period. During the period for correction the sponsor may be assisted in every
reasonable way by the department.
4. if the required action is
not taken within the allotted time, the department shall send a notice to the
sponsor by registered mail or certified mail, return receipt requested, stating
the following:
i. this notice is sent
pursuant to this subsection;
ii. that certain deficiencies
were call to the sponsor's attention and remedial action requested;
iii. based upon the stated
cause, the program will be deregistered unless within 15 work days of receipt of
this notice the sponsor requests a hearing; and
iv. if a hearing is not
requested by the sponsor, the program will be automatically deregistered.
if the sponsor requests a
hearing, the department shall convene a hearing in accordance with Connecticut
General Statutes, Section 4-177 through 4-181 inclusive.
a. Within 10 work days of a request
for a hearing, the department shall give reasonable notice of such hearing by
registered mail, return receipt requested, to the appropriate sponsor. Such
notice shall include:
1. statement of the time, place and nature of
hearing;
2. a statement of legal
authority and jurisdiction under which the hearing is to be held;
3. a reference to the
particular sections of the statutes and regulations involved. Opportunity shall
be afforded all parties to respond and present evidence and argument on all
issues involved;
4. a short and plain statement
of the matters asserted;
5. every order of
deregistration shall contain a provision that the sponsor shall, within 15 work
days of the effective date of order, notify all registered apprentices of the
deregistration of the program, the effective date and that such action
automatically deprives the apprentice of his/her individual registration.
(Effective January 22, 1980)
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Sec. 31-51d-8. Reinstatement of programs
Any apprenticeship program deregistered may be reinstated upon presentation
o adequate evidence that the apprenticeship program will operate
in accordance with registered standards with the department.
(Effective January 22, 1980)
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Sec. 31-51d-9. Complaints
a. This section is not
applicable to any complaint concerning discrimination or other equal opportunity
matters; all such complaints shall be submitted, processed and resolved in
accordance with state or federal equal opportunity laws.
b. Any controversy or
difference arising under an apprenticeship agreement which cannot be resolved
locally, or which is not covered by a collective bargaining agreement, may be
submitted by an apprentice or his/her authorized representative to the
department for review.
c. The complaint in writing
and signed by the complainant, or authorized representative, shall be submitted
within 60 days of the final local decision. It shall set forth the specific
matter(s) complained of together with all relevant facts and circumstances.
Copies of all pertinent documents and correspondence shall accompany the
complaint.
d. The Council shall render an
opinion within 90 days after receipt of the complaint based upon such
investigation of the matters submitted as may be found necessary and the record
before it. During the 90 day period, the Council shall make reasonable efforts
to effect a satisfactory resolution between the parties involved. If so
resolved, the parties shall be notified that the case is closed. Where a
decision is rendered, copies of the decision shall be sent to all interested
parties which shall be final.
(Effective January 22, 1980)
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Sec. 31-51d-10. Reciprocity
a. When a sponsor of an
apprenticeship program which is registered and operating in another state or
territory requests registration from the department to train apprentices in a
permanent facility located in this state, the sponsor will be granted
registration providing the sponsor conforms with this regulation.
b. An apprentice registered as
a bona fide apprentice in a neighboring state will be awarded certification of
registration for state purposes upon request.
(Effective January 22, 1980)
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Sec. 31-51d-11 Exemptions
The Commissioner with advice from the Council may grant exemptions to any
part of this regulation upon written request of any program
participant. On matters which involve exemptions for federal
purposes the Administrator of the Bureau of Apprenticeship and
Training of the U. S. Labor Department will be consulted for
concurrence and approval.
(Effective January 22, 1980)
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Sec. 31-51d-12. Authority for regulation
a. This regulation is promulgated pursuant to Sec.
31-51d and in conformance with the uniform Administrative Procedures Act,
Chapter 54 of the Connecticut General Statutes.
(Effective January 22, 1980)
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