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PDFWAC 296-05-011

Apprenticeship and training programsApproval, registration, and objections.

(1) The WSATC approves and registers apprenticeship and training programs. At the regular quarterly meeting, the proposed committee and/or standards will be considered by the WSATC. The WSATC will approve provided the sponsor accepts changes recommended by the WSATC, or disapprove.
At the regular quarterly meeting, the WSATC will allow changes to correct clerical errors. The addition of standard language will be allowed if authorized representatives of the sponsor are present and authorized to accept changes. At the regular quarterly meeting, the WSATC will not accept changes to the format, language, or provisions of the submitted program standards which are not reasonably consistent with previously approved program standards.
(a) Approval: The WSATC may approve an apprenticeship program when:
(i) If applicable, an apprenticeship and training committee is organized consistent with WAC 296-05-009;
(ii) Standards are proposed by the committee consistent with WAC 296-05-015;
(iii) Standards are presented to the WSATC consistent with WAC 296-05-008;
(b) The WSATC approves the following types of apprenticeship and training programs:
(i) Group joint: Sponsored by both a group of employers and a labor organization with an equal number of representatives from workers and management on the apprenticeship and training committee.
(ii) Individual joint: Sponsored by an individual employer and a labor organization with an equal number of representatives from workers and management on the apprenticeship and training committee.
(iii) Group nonjoint: A program sponsored only by an employer association and administered only by the employer association.
(iv) Individual nonjoint: A program sponsored and administered by an individual employer with no labor organization.
(v) Group waiver: A program sponsored by an employer association and a labor organization but one group waives participation in administering the program.
(vi) Individual waiver: A program sponsored by an individual person or plant and a labor organization, but one party waives participation in administering the program.
(vii) Plant: A program sponsored by the owner of a plant or plants at a particular location or locations. Plant programs are administered in accordance with chapter 49.04 RCW and these rules.
(c) Registration: If a program is approved, it is registered with the WSATC. An initial registration is provisional and lasts one year.
(i) If a program is not approved, the department will inform the sponsor in writing and explain the reasons for denying approval.
(ii) If a program is not initially approved, the WSATC may ask a sponsor to modify the program. The program may be approved with modifications.
(d) Waiver: A party may seek to waive labor union participation in administering a program when apprentices will be union members.
(i) If a program includes labor union participation, the program sponsor must obtain a written statement, known as a "no objection" statement, from the union in support of the program.
(ii) When a labor union chooses not to participate in administering the program, the employer or employers' association must furnish copies of the registration application and the proposed program standards to the union serving as the collective bargaining agent of the employees to be trained. Before taking a final action on the application, the supervisor must give the union forty-five calendar days to respond before final action is taken on the registration.
(iii) If the union fails to comment within forty-five days, it will have waived its right to participate in the program and the supervisor will grant the waiver.
(e) Nonjoint and waiver committees - Additional requirements.
(i) The WSATC shall only recognize nonjoint and waiver standards for a specific occupation or directly related occupations.
(ii) When multiple related occupations are approved on a single standard, each occupation shall be considered as an individual standard.
(iii) Unrelated occupations shall be submitted under separate standards.
(f) Related/supplemental instruction: The WSATC may approve apprentice related/supplemental instruction for apprenticeable occupations based on recommendations from the state board for community and technical colleges. Program sponsors may allow credit for previously completed related/supplemental instruction under WAC 296-05-015(11).
(2) Objections: If a competitor objects to the proposed standards, proposed amendments to existing standards, or initial committee, the competitor must:
(a) Provide timely and specific objections in writing to the apprenticeship supervisor twenty calendar days prior to the next regular quarterly WSATC meeting on a form provided by the department;
(b) Upon receipt of a competitor's objections, the apprenticeship supervisor notifies the program sponsor within two business days and forwards the matter to the WSATC.
(c) The WSATC may adjudicate the matter itself or refer the matter to the office of administrative hearings for initial adjudication:
(i) If the WSATC decides to adjudicate all or part of the objections to the apprenticeship program standards, a hearing on the objections shall take place at the regular quarterly WSATC meeting or at a special WSATC meeting convened for purposes of hearing the objections. The department shall notify the competitor making the objections and the program sponsor that the objection is on the agenda for consideration and shall give its recommendation ten calendar days prior to the WSATC meeting.
(ii) If the WSATC decides to refer all or part of the objections to the office of administrative hearings, the WSATC shall identify the specific matters on which the WSATC is requesting the office of administrative hearings provide findings and conclusions for the initial order.
(d) The department may attempt to facilitate a resolution to any objections during the process identified in this section.
(3) Reciprocity: The WSATC may recognize out-of-state apprenticeship programs when:
(a) The program complies with federal requirements; or
(b) The program is recognized by a recognized state apprenticeship agency; and
(c) The program sponsor agrees to comply with Washington wage and hour laws; and
(d) The program sponsor presents reasonably consistent standards of apprenticeship and asks for recognition from the WSATC.
The WSATC may revoke reciprocity agreements at any time.
[Statutory Authority: Chapter 49.04 RCW. WSR 20-13-060, § 296-05-011, filed 6/15/20, effective 7/16/20. Statutory Authority: RCW 49.04.010 and 19.285.040. WSR 18-17-149, § 296-05-011, filed 8/21/18, effective 10/10/18. Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. WSR 01-22-055, § 296-05-011, filed 10/31/01, effective 1/17/02.]
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