PGTI’s Apprenticeship Cheatsheet

Adapted from 29 Code of Federal Regulations (CFR) 30, emphases added

June 6, 2011

Goal for women in apprenticeship programs: 25%

The law says: “…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 50 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.” (29 CFR 30.4(f))

The 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 under title 29 of the Code of Federal Regulations, part 30.”

The regulations cover apprenticeship programs’ responsibilities for recruitment, selection, employment and training.

The program sponsor shall:

Include the pledge above in its written standards
Adopt a written affirmative action plan that 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.
Adopt a selection procedure

Records

Each sponsor shall keep 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 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, hours including hours of work and, separately, hours of training provided.

The records pertaining to individual applicants, selected or rejected, shall be maintained in such manner as to permit identification of minority and female (minority and nonminority) participants.

Outreach and recruitment: 11 things to do

Plans must be reasonably expected to increase minority and female participation. Sponsors will be required to undertake a significant number of the activities such as:

Dissemination of information on requirements for admission to apprenticeship, availability of apprenticeship opportunities, and sources of apprenticeship applications.
Participation in annual workshops conducted by employment service agencies.
Cooperation with local school boards and vocational education systems to develop programs for preparing students to qualify for entry into apprenticeship programs.
Communication and fostering understanding, acceptance, and support for equal opportunity among the sponsor's supervisors, employees, and members .
The sponsor may be required to work with other sponsors and appropriate community organizations.
The sponsor shall also initiate programs to prepare and encourage women to enter traditionally male programs.
Granting advance standing or credit on the basis of previously acquired experience, training, skills, or aptitude for all applicants equally.
Admitting persons whose age exceeds the maximum age
Use of current minority and female apprentices and journeypersons as recruiters
Internal auditing of affirmative action programs and activities
development of reasonable procedures between the sponsor and employers of apprentices to ensure that employment opportunity is being granted, including reporting systems, on-site reviews, briefing sessions, etc.

Compliance

The Department of Labor will regularly conduct systematic reviews and will also conduct compliance reviews when circumstances, including receipt of complaints so warrant. Compliance reviews will consist of comprehensive analyses and evaluations of each aspect of the apprenticeship program, including on-site investigations and audits.

Where a review indicates that the sponsor is not in compliance, the Department 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.

Sanctions

Where the DOL determines that an apprenticeship program is not operating in accordance with EEO requirements and voluntary corrective action has not been taken by the program sponsor, the Department 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 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.

Complaint procedures 29 CFR 30.11

Sponsors shall provide written notice of complaint procedures to all applicants for apprenticeship and to all apprentices.

Any apprentice or applicant for apprenticeship who believes that she or he has been discriminated against may file a written and signed complaint with the DOL or with a review body established by the apprenticeship program. The complaint must be filed not later than 180 days from the date of the alleged discrimination. If the complaint is filed with the DOL, but the apprenticeship has a review body, the DOL will refer the complaint back to the review body. The results must be reported back the DOL within 90 days.

A program’s private review body 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.

Complaint form available at: http://www.doleta.gov/oa/pdf/ETAForm9039expires02282013.pdf