Apprenticeship Committee Resource Manual 1 I. Applicants – Procedures 1. For Standards with fewer than 5 Active Registered Apprentices Summary: The application is the initial step toward Apprentice Selection and must meet basic benchmarks for fairness no matter the number of apprentices. 1. Formality of Application Process is determined by the number of active Apprentices training in specific standards 2. Apprenticeship Committees are generally subject to all equal employment opportunity laws. Note: Certain Federal EEO laws may exempt employers who have less than a prescribed number of employees, See, https://www.eeoc.gov/facts/qanda.html But Oregon discrimination laws generally apply to any employer with one or more employees. See, e.g. the Oregon BOLI Civil Rights Division http://www.oregon.gov/boli/CRD/Pages/C_Crprotoc.aspx 3. A Program with a single occupational Standard with fewer than 5 Active Apprentices registered to it. A. No Formal Posting of an Apprentice opening is required, B. Must give fair opportunity within the context of the established initial employment process, C. No intentional discrimination permitted; and D. No application procedure may be used if it, with intent or effect, creates discrimination based upon race, color, national origin, religion or sex. 4. A Program with multiple active occupational Standards A. Fewer than 5 Active Apprentices training in one or more of its specific Standards; needs no Division approval for its application process for those Standards B. 5 or more Active Apprentices in one or more Standards; needs Division approval for its application process in those Standards i. Formal Opening process is required only for the Standards in which a 5 th apprentice is registered ii. Before registration of a 5 th active apprentice the Program must adopt a formal hiring process that is approved by the Division and includes:
Transcript
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I. Applicants – Procedures
1. For Standards with fewer than 5 Active Registered
Apprentices Summary: The application is the initial step toward Apprentice Selection and must meet basic
benchmarks for fairness no matter the number of apprentices.
1. Formality of Application Process is determined by the number of active Apprentices training in
specific standards
2. Apprenticeship Committees are generally subject to all equal employment opportunity laws.
Note: Certain Federal EEO laws may exempt employers who have less than a prescribed number
of employees, See, https://www.eeoc.gov/facts/qanda.html
But Oregon discrimination laws generally apply to any employer with one or more employees.
i. Note: In the construction trades, a Program (TATC or JATC) may be approved only as a group
program that serves multiple employers. See ORS §§ 660.135 (1)
Assume a program organized as a Trades Apprenticeship and Training Committee
[TATC] or Joint Apprenticeship and Training Committee [JATC] for construction trades
Standards.
Assume the Program trains in Plumber and Sprinkler Fitter Standards
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Assume the Program has 4 active Plumber apprentices and 2 Sprinkler Fitters.
ii. Rule: Prior to registration of a 5th Plumber apprentice, the Committee will be required to follow
guidelines for Programs with 5 or more active apprentices for the Plumber Standards only.
D. Recordkeeping
i. Single Employer Industrial Committee – The employer maintains all records
ii. Multi-Employer Industrial Committee – The individual employers keep hiring, selection,
registration of OJT related training, and employer/training agent records and develop
Affirmative Action plans for Committee and Division Approval
iii. Construction Trades Committee – The Committee keeps all records
4. The Division will approve an Application Process that includes:
A. An Application Procedure
B. A Selection Procedure
C. An Affirmative Action Work Plan
D. Goals and Timetables for the recruitment and registration of apprentices
5. Step 1 – Application Procedure – 5 or more apprentices in a Multi-Employer Program – Must
include a formal procedure in the occupational standards – Options
A. Alternative A – Continuous Opening for Applicants: The Program, under this application
process, accepts applications throughout the year – Steps
i. Committee determines that it will accept applications when anyone wishes to submit one
ii. Circulate a notice to the public at least every six months;
iii. Provide a copy of the proposed public notice to the Division for review at least 30 days in
advance of the distribution of the notice.
iv. Retain record of notice and distribution list for 5 years from date of initial posting
B. Alternative B – Specified Intervals for Applicants – Program sets certain dates – Steps
i. Committee determines need to establish, or replenish, a list of applicants who meet the
Program’s eligibility requirements
ii. Provide a copy of the proposed public notice to the Division for review at least 30 days in
advance of the earliest date that applications will be accepted.
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iii. Retain record of notice and distribution list for 5 years from date of initial posting
6. Step 2 – A Public Announcement of Opening to Accept Applications must include the following
information:
A. See OAR 839-011-0200 (§ 5.c.1) “the nature of apprenticeship, requirements for admission to apprenticeship availability of apprenticeship opportunities, sources of apprenticeship application, and the equal opportunity policy of the sponsor. “
B. As a Practical Matter, the structure of the Opening Announcement should include:
Date of the notice
Program Contact Information
Description of the occupation in which apprentices will be trained
Minimum requirements for admission to the program
Availability of apprenticeship opportunities – describe the application process
Is there an interview
Is there an orientation session?
When and where applications may be obtained
When and where applications may be submitted
Documents that must be submitted to show minimum requirements are met
Other documents that support the applications
Opening date The first date an application will be accepted Must be 30 days after submission to the Division for approval
Closing date The last date an application will be accepted, Must be at least 10 working days after the opening date
Location(s) where an apprenticeship applies.
Set out the Program’s equal opportunity policy
Practice Tips:
Coordinate the Announcement as a significant element of apprenticeship
promotion, recruitment and affirmative action efforts
Committees in lightly populated areas, or those who wish to recruit in them, may set
dates for openings and telephone contacts so that interested persons can call to set up
an appointment
7. Step 3 – Application Form
A. A separate application must be made for each opening announcement term and for each set of
occupational Standards
B. Basic Application Forms should include at least the following information:
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Name of the occupation for which the applicant is applying
Applicant's contact information
Date of birth
Gender
Race or ethnicity
Education Highest year or level completed Degrees or Certificates awarded
Work experience
Veteran status
Source of interest in the Program
Signature line
Date application completed Practice Tips:
The Program may require That all applicants personally complete the application That the application be completed only after an orientation session
8. Step 4 – Applicant Log – This is a device used to track every application from submission to final
disposition.
A. Required Applicant Log Process – Paper or Electronic Record is appropriate
i. Assign each Applicant a Log number in consecutive sequential order for the Standards the
application is made
ii. Record the identity of each Applicant to include:
Name, Gender, Race or Ethnicity, Contact information
iii. Identify the progress of the applicant through the application process
Examples;
a. Application Point Score Evaluation [categories and possible scores must be included in the
occupational Standards], if any
b. Validated Aptitude Test, if any
c. Program Orientation, if any
d. Interview, if any
e. Required Classes, if any
iv. Date the application is received,
v. Date an application is accepted and applicant is declared eligible to enter the Selection Pool, or
vi. Date an application is rejected and applicant is declared ineligible to enter the Selection Pool
B. Rejected applications – Process
i. Notify the applicant
ii. Explain the minimum requirements to be eligible for the Selection Pool
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iii. State the reasons for the rejection,
iv. Explain the applicant may appeal the rejection
a. Ask for reconsideration by the Committee [Optional]
b. File a written notice to the Division [Required]
Include Division contact information
C. Accepted Applications – Process
i. Notify the Applicant of
a. Acceptance for specific trade or occupation
b. Committee Name and contact information
c. Rank in the Pool of those eligible for selection
d. Placement / Selection Procedure
e. Any circumstance that could affect the Pool rank
ii. Examples:
a. New Applicants with higher scores may be merged into the Existing Pool of Eligibles
b. Current Ranked Pool members may enhance their score
c. If a Pool Member can enhance score, the Committee must adopt a written procedure that sets out a method to improve position in the Pool of Eligibles.
D. Optional Applicant Log Uses
i. The Applicant Log can assist the Program to meet its obligation to evaluate the success
of the Program’s Outreach and Recruitment Activities designed under the Affirmative
Action Work Plan.
ii. Use it to determine the source of an applicant’s interest in the Program such as Trade
promotion events, job fairs, etc.
II. Affirmative Action
Overview of 29 CFR Part 30 Revisions
On January 18, 2017, the United States Department of Labor (USDOL) adopted the new federal
regulations for Equal Employment Opportunity detailed in 29 CFR Part 30. A summary of how
the newly revised rules impact Registered Apprenticeship appears below.
Old definitions are clarified and new terms are added. Clarifying definition extend to terms used
in Title 29 CFR Part 29. Several of the newly defined terms relate to regulatory protections
against discrimination on the basis of disability.
The revised regulations add additional classes protected against discrimination that must be
incorporated into each sponsor’s Standards of Apprenticeship as a part of the program’s Equal
Employment Opportunity pledge. USDOL, including Age (40+), Disability, Sexual Orientation,
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and Genetic Information, while also clarifying that sex discrimination includes discrimination on
the bases of Pregnancy and Gender Identity.
USDOL clarified the general obligation to take affirmative action to provide equal opportunity
by adding four specific actions that all sponsors will be required to take in the administration of
their programs:
1. Designate an individual (or individuals) to be responsible for overseeing the sponsor’s
commitment to equal employment opportunity.
2. Distribute the sponsor’s equal employment opportunity policy internally.
3. Engage in outreach and recruitment efforts designed to extend to all persons available
for apprenticeship without regard to race, age, sex, ethnicity or disability.
4. Maintain an apprenticeship program free from harassment, intimidation, and
retaliation.
The USDOL also streamlined and clarified the obligation for outreach and recruitment so that all
sponsors must engage in at least three activities that will generate referrals across demographic
groups within relevant recruitment areas:
1. Develop and update a list of recruitment sources.
2. Identify a specific contact at each recruitment source.
3. Provide recruitment sources with advanced notice of apprenticeship opening(s) so that
these resources may notify and refer candidates.
Additionally, for those sponsors required to maintain an affirmative action program (AAP) and
who, based upon their utilization analysis, are underutilized in a particular group and must set
utilization goals, the new regulation requires additional targeted outreach and recruitment
activities, including but not limited to:
1. Sending information regarding apprenticeship opportunities to organizations serving the
underutilized group(s).
2. Advertising apprenticeship opportunities in appropriate media.
3. Cooperating with local school boards and career and technical education systems to
develop relationships with pre-apprenticeship programs targeting students from the
underutilized groups.
4. Establishing agreements or partnerships with appropriate organizations to recruit
additional qualified individuals for apprenticeship.
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The USDOL also added a section to provide for anti-harassment training in the new regulations.
USDOL requires that each sponsor provide anti-harassment training to all individuals connected
with the administration and operation of the program, including apprentices, that includes: a
statement that harassing conduct will not be tolerated; a definition of harassment and types of
conduct that constitute unlawful behavior; and information on how to file a complaint alleging
harassment. Sponsors are also required to make all facilities and apprenticeship activities
available without regard to any protected bases and establish and implement procedures for
handling and resolving complaints.
USDOL updated the scope and review schedule for the AAP by adding disability as a protected
class. One element worth noting is the implementation of the review of personnel processes.
This personnel process review must be performed annually but all remaining elements of the
AAP provide for a longer time between required updates, which are generally scheduled to
occur in conjunction with the sponsor’s compliance review.
The Race/Sex/Ethnicity analyses and utilization goals required in the AAP maintain the same
general structure of the previous regulation but several changes were made to provide greater
clarity and lessen the burden on sponsors. The revisions make the following changes to the goal
setting process:
1. Workforce is to be analyzed by occupation and availability analyzed by major occupation
group, using common data sources already familiar to many sponsors.
2. An easier utilization analysis considers only two factors as opposed to the five factor
analysis from the previous regulation when determining availability.
3. USDOL replaced “[individuals] with present or potential capacity for apprenticeship”
with “individuals who are eligible for enrollment in an apprenticeship program” to
provide clarity.
4. Analysis and goal-setting is to be done by individual race/ethnicity, rather than by
“minorities” collectively, to better target specific areas of workforce underutilization.
5. USDOL provides explicit language that Registration Agencies will assist sponsors in
completing their utilization analysis.
6. For those sponsors required to set utilization goals, a specific list of four targeted
outreach, recruitment, and retention activities must be undertaken to complete their
goals (see page 1).
The revised rules also include a 7% aspirational goal for the registration of individuals with
disabilities as apprentices for each major occupational group (standard) within an
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apprenticeship program. In order to ascertain whether the goal is being met, sponsors are
required to invite self-identification as an individual with a disability to applicants
considered for apprenticeship and to those entering the program. If the sponsor fails to
meet the aspirational goal of 7%, it must take steps to determine if there are any
impediments to equal employment opportunity that might be deterring individuals with
disabilities from program participation.
The revised regulations substantially change the apprentice selection procedures that had
been in place since 1977. USDOL eliminated the four proscriptive categories and provides
simply that sponsors may adopt any selection method they choose as long as they comply
with established legal authorities and are uniformly consistent with federal hiring
regulations in their application.
The revision provides greater detail on how compliance reviews are to be conducted,
including how and when sponsors will be notified of compliance review findings, to ensure
greater consistency and standardization of procedures across the Registered Apprenticeship
system. The new regulation also outlines the timetables for responses and what compliance
action plans must include.
The revisions change the complaint procedure by requiring that all complaints be filed with
the appropriate Registration Agency within 300 days of the alleged unlawful act. They also
require that all sponsors provide written notice to all applicants and apprentices of their
right to file complaints of unlawful behavior with respect to the availability of equal
employment opportunity in apprenticeship with the Registration Agency. The Registration
Agency is required to conduct an investigation of the complaint and provide written notice
of its findings to the complainant and respondent.
The revisions provide additional opportunities for a program to obtain compliance prior to
the commencement of deregistration proceedings. Registration Agencies must offer
technical assistance that will promote compliance, may suspend the sponsor’s right for a
limited period to register new apprentices, and may refer the program to other agencies
that may have jurisdiction over the matter in dispute.
The revision requires that absent an exemption for good cause granted by the
Administrator of USDOL’s Office of Apprenticeship, the State Registration Agency must:
1. Adopt legislation or rules that correspond with the requirements of Title 29 CFR Part 30;
and
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2. Ensure that all registered apprenticeship programs adopt an Equal Employment
Opportunity Pledge that conforms with these regulations within 180 days of the
effective date of the revision (by July 19, 2017).
III. Apprentice Procedures
1. Registration Apprentice and Trainee Registration OAR839-011-0088
1. Apprenticeship Registration Agreement
A. A contract between the apprentice / trainee and the Program [JATC or TATC]
B. Serves as the registration document for the State of Oregon
C. Sets out the responsibilities of all parties and
D. Is in effect during the entire period of apprenticeship
2. The Completed Registration Agreement form
A. Use the Agreement Form provided by the Division
B. Original Signatures Are Required
i. Apprentice
ii. Committee Representative
C. All data requested on the Agreement Form must be entered
Note: Forms without all required original signatures will be returned – No Exceptions
3. Submission
A. Mail or hand-deliver the Original form to BOLI
i. Never send the form by e-mail
ii. A fax will never be a permanent substitute for the original
B. Send to the Division the Minutes in which the registration approval is accepted
C. The Division will register the apprentice
D. Assign an agreement number
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E. Issue a license, if applicable
F. File the original agreement
G. Return to the Committee a copy of the agreement with the agreement number
4. Licensed Trade Procedures – Programs in trades that require a license
A. Must send the Registration Agreement and Minutes to the Division
B. Division will issue the license and mail it to the Apprentice unless the Program requests the license be
sent to the Committee Administrator or Representative
C. Programs authorized to issue the initial license
D. Programs request permission to issue the initial license in a trade
E. Obtain blank temporary license forms from the Division
F. Complete the temporary license form and give it to the Apprentice at the time of dispatch
G. Within one (1) business day, fax the agreement and the form to the Division
Send Minutes to the Division with 10 business days
2. Discipline / Cancellation
Outline & Notice Requirements
1. Voluntary Cancellation – Apprentice Request – Probationary or Post-Probationary];
This is a non-disciplinary action. [See, ORS 660.060 (7)]
2. Before the Meeting
i. Ensure that a written notice has been received from the apprentice; ii. If a written notice has been received,
a. Place matter on the agenda for the next meeting of the Committee; b. Action may be taken at an electronic or telephone meeting.
iii. If no written notice is received,
a. Follow the procedures for a disciplinary cancellation; b. Action may be taken only at a meeting where a quorum is present.
3. After the Meeting
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Practice tips:
If a written notice has been received from the apprentice, it is unnecessary to follow procedures for disciplinary cancellation;
a letter that confirms the committee’s action to accept the voluntary cancellation must be sent to the apprentice.
2. Involuntary Cancellation – Probationary Apprentice – Discipline or Cancellation
A. Cancellation Proposed – Notice to Appear
B. No Reason for Cancellation of a Probationary Apprentice is Required
i. Notice may be sent without establishing a basis for good cause dismissal from the Program.
ii. Send this notice by postal service, certified mail; return receipt requested; postmarked 22 days before the meeting. [See, OAR § 839-011-0175]
Practice tips:
In the notice, it is unnecessary to state any reason for a probationary cancellation. [See ORS § 660.060 (6)].
Although no cause need be established for dismissal of a probationary apprentice, neither may the apprentice be dismissed for reasons that amount to discrimination.
The concerned and organized Committee will have established a process for evaluation of apprentices. If so, there will be plenty of information that will support a dismissal from the Program. [See Manual, Apprentice Evaluation] Note: Instinctively, you may wish to give a reason, but no reason need be given. Giving a reason, when none need be given, invites debate where none is required.
When you send the Probationary Apprentice a Proposed Cancellation Notice send two letters, one certified and the other by regular mail. Note: This avoids the problem of the apprentice who refuses to pick up a certified letter. It could take more than 22 days before the certified letter is returned, but a letter sent for regular delivery will be returned before the committee meeting if there is some delivery problem. You’ll know if a bad address or some other problem exists.
C. After the Meeting
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i. Cancellation Affirmed – Notice of Committee Action (Final Cancellation)
ii. Inform the apprentice in writing, by regular mail that the registration has been cancelled in the Probationary Term.
3. Post-Probationary Apprentice – Discipline or Cancellation
A. Outline of Steps:
How to cancel the post-probationary apprentice [See ORS § 660.060 (7)] https://www.oregonlegislature.gov/bills_laws/ors/ors660.html
i. Inform the apprentice when deficient conduct is observed;
ii. Give the apprentice a reasonable opportunity to correct the deficit; Practice Tips:
Never place a burden on the apprentice or tell an apprentice that the apprentice must “show cause” why the apprentice should remain in the program.
It is the Committee who must show why the apprentice is to be cancelled. Note: If an apprentice appeals, and your notice places the burden on the apprentice, your action will be found to be improper.
B. Tell the Apprentice: “Problems Exist!” – The Committee records must show:
i. The apprentice has been informed of actions that might warrant “good cause” dismissal from the program;
ii. The apprentice has been directed to correct the behavior within a reasonable time; and
iii. The apprentice has failed to correct the behavior.
Practice Tips: Inform and Allow Correction. Make detailed notes at the time, or soon after, the deficient conduct is observed; Make notes about how the apprentice was informed of the problem, how to
correct the problem and who explained it all. It will be impossible to defend any post-probationary dismissal unless the
Committee has records of its efforts to inform and allow correction. Keep the notes in the individual apprentice’s Operations file.
C. What is “good cause” for dismissal
i. First, the Law – ORS § 660.060 (7) states, good cause “…includes but is not limited to failure to report to work, nonattendance at related training, failure to submit work progress reports and lack of response to committee citations,”
ii. and 660.137 (4) further states it is “…serious or continued inadequate progress….”
iii. Actions that merit dismissal of an apprentice from a program are those that demonstrate:
a. The apprentice is unwilling to follow reasonable committee rules; b. The apprentice will likely be unable to complete the program requirements; or c. The apprentice inhibits the program, its training agents and / or other
apprentices from meeting reasonable performance goals.
D. Only after the steps above:
i. Give written notice of Proposed Cancellation to appear by certified mail by the postal service; return receipt requested to appear; then
ii. Hold a physical meeting of the committee with a quorum present to give the apprentice an opportunity to discuss committee concerns;
iii. Take a vote of Committee members present; and iv. If the vote is to cancel, give written notice of the cancellation sent to the
apprentice [may be sent by regular mail.] Practice tips:
In the notice, it is necessary to state reason(s) for a post-probationary cancellation. See ORS § 660.060 (6). https://www.oregonlegislature.gov/bills_laws/ors/ors660.html Note: State real reasons specific to actions of the apprentice; avoid a “canned” recitation of every possible reason to cancel an apprentice. To list reasons unrelated to the apprentice invites debate about the committee’s knowledge and intent.
Note: This avoids the problem of the apprentice who refuses to pick up a certified letter. It could take more than 22 days before the certified letter is returned, but a letter sent for regular delivery will be returned before the committee meeting if there is some delivery problem.
E. Propose Discipline or Cancellation of the registration agreement. Note: this means the apprentice is given 22-days’ notice to show up at a committee meeting where the deficient conduct will be discussed and it is possible that the Committee may take disciplinary action including cancellation of the agreement. Note: Proposed Cancellation notice to appear must be sent by postal service, certified; return receipt requested to appear
i. The apprentice must be cited to a Committee meeting and given an opportunity to be
ii. A quorum of Committee members must be present at the meeting where discipline or cancellation is imposed.
iii. Include a record of the Committee action in the Minutes that are sent to the Apprenticeship Division;
iv. If the apprentice is disciplined or cancelled, written notice must be given by regular
mail. The notice must include the basis for the discipline or cancellation and the appeal rights. Practice Tip
If the committee decides to allow the apprentice to remain in the program send a letter that explains the decision and advises of any expectations. This becomes your record of notice and opportunity to correct.
F. What if the Apprentice Requests Reconsideration? Apprentice Reconsideration Request
i. A request for reconsideration must be: a. Submitted and received by the committee within 30 days of receipt of the decision tp cancel; b. Request must be in writing; c. Attendance at the reconsideration meeting by the apprentices is not required; and d. the Committee must consider the request. ii. Once a decision on reconsideration is made: a. Decision must be sent to the apprentice in writing b. Decision must include the appeal rights if the initial cancellation decision is upheld. [Link letter sample] c. Decision may be sent by regular US Postal Service.
i. Take action to rescind or uphold the discipline / cancellation and record the
Committee action in the Minutes that are sent to the Apprenticeship Division; ii. Apprentice submits to ATD, with a copy to the Committee, a written description
of issues and facts, within 30 days of the receipt of the reconsideration decision.
2. Evaluation of Credit for Prior Experience Credit for prior experience
Every committee, shall: (3) Be responsible for the recruitment, qualification, selection, approval and registration of apprentices entering the program, including the evaluation of previous creditable
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work experience, education and training for which advanced credit must be given, provided that advanced credit may be given for such creditable experience, education and training. ORS 660.137
1. New Apprentice – An apprentice newly registered to the Committee.
A. Credit prior experience based upon a fair and uniform evaluation by the committee of
i. Experience considered applicable to the work processes in the program standards or ii. for demonstrated competency as measured against the program’s work processes
B. In licensed trades, only lawfully obtained and documented experience that specifically applies to an Oregon license may be considered in granting credit for prior experience.
2. Transfer Apprentice – A Transfer apprentice means the shift of apprenticeship registration from
one program to another or from one employer within a program to another employer within the same program, where there is agreement between the apprentice and the affected apprenticeship committees or program sponsors.
A. Transfer must be based on an agreement between
i. The transferring apprentice and ii. The affected apprenticeship committees
B. The agreement must require that:
i. The transferring apprentice must be provided a transcript of records of related instruction and on-the-job training by the transferring apprenticeship committee or program sponsor;
ii. A new apprenticeship agreement must be executed prior to the transfer between program sponsors or within an apprenticeship program.
3. Returning Apprentice – An apprentice formerly registered to Standards with a Committee who
returns to the Committee after cancellation of their prior registration agreement.
Establish Written Procedures for reentry to require
i. Demonstrated manual, mechanical and technical skill as shown by ii. Appropriate written, or
iii. Hands-on proficiency measurement, and,
iv. The length of time since the apprentice’s departure v. Changes in work processes or related instruction since the time the apprentice left the program;
and vi. Any other fair and reasonable factors.
4. Licensed Trade Apprentices
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A. In licensed trades, only lawfully obtained and documented experience that specifically applies to an Oregon license may be considered in granting credit for prior experience.
B. "Lawful work experience" means work experience in a jurisdiction that was gained in
compliance with that jurisdiction's regulations. Lawful experience may include:
i. Work experience gained while licensed for the scope and type of work performed; and ii. Work experience gained while employed by a licensed employer when the employee is not
required to have a license. Practice Tips:
Develop a written Procedure that addresses the criteria for the grant of credit.
Example: Credit for on the job hours and related classroom instruction is granted after successful completion of the "initial probation period" subject to valid documentation of knowledge, skill and abilities of the apprentice.
Condition the grant of advanced credit upon the successful completion of the probationary term Hours of on-the-job credit awarded and related instruction placement level are independent of
one another. During probation determine if any readjustment concerning on-the-job or related training status
is warranted, Compare the Monthly Progress Report (MPR) form and the Standards the Committee uses with
the MPR form and the Standards from which the Apprentice intends to transfer to. Develop a template to aid in analysis of equivalent experience. [See sample, below]
Template – Request for Credit Evaluation
Hours
Completed as a
Registered
Apprentice
Hours Completed
Outside Registered
Apprenticeship Equivalent Achievement
Work Processes
Identity of
Work
Supervision
Ratio
a. xxx
Related Training
Validated
Curriculum
Grades
a. xxx
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4. Evaluation of Current Progress Apprentice Evaluation Current Progress – Summary ORS 660.137
[Note: For Discipline and Cancellation Matters, please see This Manual, Apprentice Discipline or
Cancellation]
The Committee will determine if credit for prior experience, equivalent to that required by the
Standards, should be granted toward Program completion. See this Manual; Apprentice Evaluation –
Credit for Prior Experience
Evaluate Apprentice progress towards completion of the Program’s performance standards at least
every 6 months after the date of the current registration. ORS660.137(4)
Based on any review of progress, the Committee must determine if the apprentice has performed
favorably or failed to meet requirements.
The Committee will advance the apprentice in terms of success or complete the apprentice who has
been successful.
The Committee will hold in term or cancel the registration of the apprentice who has failed to meet
requirements. [See This Manual, Apprentice Discipline or Cancellation]
A. In certain licensed Electrical and Plumber trades the Committee may be approving Indirect or
Phased Supervision for certain apprentices.
B. Practice tips:
Ensure complete and valid Monthly Progress Reports;
Suggest that employers permit each apprentice 3 minutes, paid, at the end of each day
to complete the MPR for that day.
Completion of the MPR at the end of the month leaves to conjecture the actual progress
recorded.
1. Apprentice Evaluation – The Re-Rate Process
A. The apprentice may never be re-rated back to a lower term even upon request by the
apprentice or an employer. Re-rating is the process in which an apprentice is reviewed and
advanced to the next step in their progression through the apprenticeship program.
B. The re-rate evaluation must include a review of apprentice workplace and related training
records.
i. Work Process Hours
a. Total hours in each work process b. Reasonable distribution among categories based upon experience level
i. Workplace Conduct
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a. Attendance
b. Initiative
c. Cooperation
d. Asks questions
e. Retains knowledge
f. Journey worker analysis
g. Quality of work
ii. Related Training Progress
a. Attendance
b. Participation
c. Grades
d. Cooperation
2. Advancement – Committee approves a re-rate to a higher step
i. Determine the effective date
ii. Include action in the Minutes
iii. Send Minutes to the Division
iv. Notify the apprentice
v. Notify the apprentice’s employer [link to sample re-rate letter]
a. Approved in Minutes submitted to the Division by the apprentices’ Committee,
b. Received a license from the Division that authorizes unsupervised work.
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c. There must be adherence to proper apprentice to journey worker supervision regardless of the
journey worker supervision level.
ii. Four Different Phases based upon certain criteria
Phase 1: The apprentice only engages in water heater replacement or conversion after completing at least six (6) months of work experience, eight (8) hours of related instruction and is evaluated and authorized to do this type of work by the committee;
Phase 2: The apprentice engages in work covered in Phase 1 and minor repairs in a one (1) or two (2) family dwelling after completion of three (3) periods of work experience, the appropriate related instruction for three (3) periods and is evaluated and authorized to do this type of work by the committee;
Phase 3: The apprentice engages in work covered in Phase 1 and 2, and general repairs and replacement of existing installations after completion of four (4) periods of work experience, the appropriate related instruction for four (4) periods and is evaluated and authorized to do this type of work by the committee; or
Phase 4: The apprentice engages in work covered in Phase 1, 2 and 3, and new or remodel installations after completing five (5) periods of work experience, the appropriate related instruction for five (5) periods and is evaluated and authorized to do this type of work by the committee.
The law does not allow Plumber apprentices, other than in the specific circumstances described above,
to work without direct supervision.
5. Journey worker License Exam Referral: Electrical and Plumbing
A. Committee determines apprentice has satisfied all program requirements;
B. Approve referral and include referral in Minutes
C. The Division will submit the exam request to the Building Codes Division
Note: Committees may request approval by the Division to provide direct referral of
apprentices to licensing exams. [link to direct referral application]
D. Committees must monitor apprentice exam results.
Practice tips:
Send a notice to the apprentice that the exam referral has been made;
Require the apprentice to advise when the exam has been completed;
Require the apprentice to advise when the grade has been received;
If the apprentice fails the exam, work with the apprentice to establish assistance to
prepare for re-taking the exam.
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6. Completion:
1. Non-licensed Trades
i. Approve Completion in the Minutes when Program requirements have been met.
ii. The effective date must be clearly identified and included in the minutes.
iii. The Division BOLI/ATD will send the apprentice a letter, journey worker card and completion
certificate.
2. Licensed Trades
i. Apprentice status remains until the license exam is passed or the apprentice is completed
without benefit of license.
ii. Complete from the Program
iii. The apprentice must pass the exam within 12 months of the initial referral
iv. Complete, without benefit of license, the Apprentice who is unable to pass in that time.
5. No Discipline Proposed
Probationary and / or Post Probationary Apprentice The committee may wish to have a chat with an apprentice without the weight of cancellation on the process. *A committee should be proactive with an apprentice to avoid them getting to the point of
cancellation or further discipline and/or conduct issues.
*The role of the committee is to support the apprentice and actively engage in their
development/investment.
*If there continues to be “apprentice issues that warrant discipline/cancellation determinations” based on attendance, attitude, or other factors then that is when the discipline conduct section comes. Practice tips:
This is the well-intentioned and best way to be pro-active in apprentice development.
1. No Cancellation Proposed – Notice to Appear – should be in writing;
2. Before the Meeting
1. Send, by regular mail postmarked 22 days, before the meeting, or 2. Send, by e-mail 22 days, before the meeting;
3. After the Meeting
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i. Give written notice to the apprentice a. In writing b. Either at the meeting or right after c. Of any action the apprentice must take and, d. If appropriate, the date by which it must be accomplished.
Practice tips:
Since no discipline is proposed the request to appear may be less formal. Be clear why the Committee wants to meet with the Apprentice.
This will provide a written record of the Committee effort to inform the Apprentice of deficient performance and the corrective action the Apprentice must take.
If the Apprentice fails to show then a more formal notice, which includes possible discipline, can be sent. The “no-show” becomes a possible basis for discipline unless the Apprentice has a reasonable excuse.
IV. Program Evaluation
1. Goals & Timetable Goals and Timetables express the Program’s intent to establish an active pool of apprentices with racial,
ethnic and gender presence proportionally equivalent to that of the census population.
1. Goals and Timetables are the Program’s pathway to full utilization of minorities and women
seeking entrance to Oregon’s labor force.
2. Written Goals and a Timetable for Achievement [OAR § 839-011-0200(5.d)]
A. Required for any Program with more than 4 active apprentices that train in any set of Standards
B. Optional if a Program has fewer than 5 apprentices registered to a single standard
i. Committees should submit revised standards to eliminate selection procedure and AAP
information from the Standards if they wish.
ii. If the selection procedure or AAP information remains in the Standards, the Committee is
expected to follow it.
3. Basis for Goals
1. Workforce Average – this is the ratio of a given racial, ethnic and gender group to the overall
census population in the Oregon labor market area in which the program sponsor operates
2. Apprentice Occupational Utilization – this is the racial, ethnic and gender participation average
for Oregon Programs in a given apprenticeable trade or occupation.
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i. Occupational deficits in apprentice utilization typically mirror the minority and female
participation at the journey worker level.
ii. Programs must set goals no lower than the trade average.
iii. The Division will provide every Program with occupational utilization average for all Oregon
Trades and Apprenticeship Programs.
iv. Occupations with low journey worker participation are expected to correct deficits through
application of the Affirmative Action Work Plan to meet recruitment and registration goals
within a specific timetable.
v. Apprentice participation will be reviewed at least annually and changes in the AAWP made if the
Program fails to meet its goals.
4. Statistical Analysis
A. The Division provides data and information on racial, ethnic and gender population and labor
force characteristics for any occupation it trains or geographic area in which the Program
operates.
B. A Division form can assist to record this information and establish the workforce minority and
gender population in the geographic area in which the Program operates. G and T Work Sheet-
Workforce Population
5. Timetable for achievement of utilization goals
A. Set in 3-year segments,
B. Approved by the Division after Council review
C. Record the Goals on the Division Form in consultation with the assigned Apprenticeship
Representative AA goals & timetables template
D. Review annually with the assigned Apprenticeship Representative
E. Renew the Division approval at least every 3rd year or as necessary
2. Work Plan Affirmative Action Obligation
Affirmative Action is the simple effort to recruit, encourage and develop workers who, as classes of
people, opportunities have been limited by discrimination both overt and subtle.
Affirmative Action lays the foundation for fair and equal access, without preference, to all people who
seek careers in the apprenticeable trades for their work lives.
A. Registered apprenticeship programs with five or more apprentices registered to a single standard
will receive an annual Affirmative Action Compliance Review
B. Industrial employers who, as training agents, select their own apprentices will receive a separate
annual Affirmative Action Evaluation.
2. Evaluation Criteria
A. Outreach, Recruitment and Applications
B. Apprentice Selection
C. Apprentice Utilization, Retention / Completion;
D. Affirmative Action Work Plan
E. Affirmative Action goals and timetables
F. Program Standards
G. Committee Member Composition
H. Committee Recordkeeping
I. 10- year stats for completion evaluation of female and minority apprentices
3. Upon conclusion the Division will determine level of Compliance
A. Compliance – Affirmative Action Goals & Timetables met;
i. AA Workplan and Selection Procedure implemented as approved with required documentation; Workplan and Goals & Timetables kept current; and
ii. Minimal changes required with no disparate impact.
B. Good Faith Compliance – Affirmative Action Goals & Timetables not met;
i. AA Workplan and Selection Procedure implemented as approved with required documentation; Workplan and Goals & Timetables not current, but committee continued to complete approved activities; and
ii. Minimal changes required with no disparate impact. iii. Other factors may be considered in this determination
C. Out of Compliance – Affirmative Action Goals & Timetables not met;
i. AA Workplan or Selection Procedure not implemented as approved, or ii. documentation inadequate
iii. Workplan and Goals & Timetables not current with no committee activity; iv. Substantial changes required, or v. Disparate impact indicated
D. Determine appropriate corrective actions if the program is not being administered or maintained properly.
E. Identify strategies or procedures that should result in specific improvements in the operation of the apprenticeship program.
F. Recommend sanctions or deregistration of a program for failing to act in good faith to comply with its legal obligations or the requirements of OSATC.
G. Division Report will also include
i. Completion Rate Comparison (if Program Operation Compliance Review not conducted):
ii. Standards Analysis (if Program Operation Compliance Review not conducted):
H. Results of the review to the JATC/TATC for response
I. A final report will be made to the Council
Broad Checklist of Items and Documents for the AA Compliance Review
Current committee policies and procedures related to selection, such as the initial employment policy (with
adoption/revision date)
Pertinent section(s) of the Collective Bargaining Agreement (CBA) that apply to apprenticeship (if any)
Affirmative Action Plan(s) (AAP) including goals & timetables effective during the review period
Documentation of affirmative action steps completed by the committee during the review period
Selection Procedure(s) effective during the review period
All opening announcements for the review period
Applicant log(s) (i.e., a list of every individual who received an application during an opening period or applied as
an exception, including race and sex of the applicant and tracking each step in the application process from
initial inquiry to disqualification, withdrawal or placement in a ranked pool of eligibles)
List(s) of applicants in ranked eligibility pool(s) (i.e., a ranked list of eligible applicants, including race and sex of
the applicant, tracking each step in the placement process from placement in the ranked eligibility pool to
rejection of work, withdrawal, or placement as an apprentice)
The order in which applicants were registered from the ranked pool of eligibles (include meeting date, effective
date, and disposition of any out-of-work apprentices)
Documentation of reasons for any applicant registered out of rank order (if applicable; attach copies of any
correspondence)
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Documentation of reasons for any training agent’s rejection of any applicant (if applicable; attach copies of any
correspondence)
Documentation of reasons for any applicant’s refusal to accept job opportunities (if applicable; attach copies of
any correspondence)
Properly completed Apprentice Selection Worksheet(s) for the review period, including apprentices registered
by exceptions. (A blank worksheet is attached)
Interview questions (if applicable)
Rating score sheets (i.e., forms to check qualifications, to assign points based on scoring factors listed in the
selection procedure, to score interviews, and/or to determine placement)
Instructions to raters and/or scoring guides for completing rating score sheets (see list above)
Completed rating score sheets (e.g., qualifying factors) for 3 applicants who were not placed in the ranked pool
of eligibles (include a female, a minority and a Caucasian male applicant if possible)
Completed rating score sheets (e.g., qualifying factors, point system and interviews) for 3 applicants who are
currently in the ranked pool of eligibles (include a female, a minority and a Caucasian male applicant if
possible)
Completed rating score sheets (e.g., qualifying factors, point system, interviews, and placement factors) for 3
applicants who were registered during the review period (include a female, a minority and a Caucasian male
applicant if possible)
2. Completion Rate Computation 1. Apprentices who receive a certificate of completion
A. Calculation for Completion Formula: Within 1 year of the date projected date of completion
measured by the calculation of Completions divided by Completions plus Terminations (C/C+T); until
such time the Division’s database is updated and the federal formula is adopted (is this a “disclaimer” to
the method or formula being used? Not clear).
i.Date of start of similarly situated apprentices (is this to be helpful in determining start dates?)
ii.Who passed their probationary term?
2. Projected completion date computation
i.Average OJT hours in the occupational standards required to attain journey worker proficiency divided
by 2,000 and
ii.Rounded to the nearest whole number or
iii.The years of required related supplemental training in the Standards
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Summary: Calculation for Completion formula: Completions [C] divided by the total of C plus
Cancellations [T], minus Probationary Cancellations [TT] or C ÷ [C + T – TT]. Why a summary? This should
be at the beginning---clear and concise! However, in the examples below, why is it important to know
the demographic breakdown? If it is important than it should be explained above. I know why this exists
but it is not explained in the section.
Example: 4,000 average OJT hours ÷ 2,000 = 2 years + 1-year leeway or 288 RT hours (min. 144 per year
= 2 years + 1-year leeway)
Assume:
10 apprentices [4 white males, 2 black males, 1 Hispanic male, 2 white females, and 1 black female enter
the Program between 1.1.13 and 12.1.13
1 white male and 1 Hispanic male leave while still in the probationary term – Exclude from computation
1 white male and 1 white female are cancelled from the program for cause after probation
2 white males, 1 black male, 1 white female and 1 black female, total 5, complete the Program by
12.31.16
1 black male remains active in the Program
The formula as applied:
Overall Completion Rate = 62.5%
5 (completers) ÷ 8 (5 completers + 3 who failed to complete within 3 years – the 2 cancelled in probation
uncounted) = an overall completion rate of 63 % (rounded)
Minority Completion Rate= 67% (rounded)
2 (completers) (1 black male and 1 black female) ÷ 3 (2 completers + 1 failed to complete in 3 years - the
1 cancelled in probation uncounted) = 67% (rounded)
Female Completion Rate= 67% (rounded)
2 (completers) (1 white female and 1 black female) ÷ 3 (2 completers + 1 failed to complete in 3 years) =
67% (rounded)
3. Disparate Impact – Four-Fifths Rule Disparate Treatment / Adverse Impact – For application of this analysis to Apprenticeship Employment
Practices, See This Manual, Program Operation – Affirmative Action Compliance
1. Selection of Apprentices must be fair to all applicants
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2. A Selection Process, even if neutral on its face, may discriminate against protected classes of
workers.
3. All ethnic groups and all gender categories are “protected classes”.
4. The Four-Fifths Rule: When applicant selection rates for various groups of individuals are
sufficiently different, discrimination whether intentional or incidental may have occurred.
Application of the Rule to Apprenticeship has no legal determination that discrimination has
taken place.
5. The Four-Fifths Rule states:
A selection rate for any race, sex, or ethnic group which is less than 4/5ths or
80% of the selection rate for the group with the highest rate of selection will
generally be regarded as evidence of adverse impact on the former group.
See, Title VII of the Civil Rights Act of 1964, as amended by the Equal
Employment Opportunity Act of 1972
Example,
Assume an organization had 50 white applicants,
30 are hired; the selection rate for whites = 60% [30 ÷ 50].
Assume this same organization had 50 black applicants
14 are hired; the selection rate for blacks = 28% [14 ÷ 50]
Possible Adverse Impact?
Determine, first, which group experienced the highest rate of selection – in this case white
applicants = 60%.
Next calculate Four-Fifths of the white Selection Rate – .80 x .60 = 48%.
Compare the selection rate for blacks, 28%; it is below 48%.
Black applicants experienced adverse impact.
6. No Intent to Discriminate – Even an employer that has no discriminatory intent, is still
prevented from use of an employment practice that has an unjustified adverse impact on
members of a protected class.
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Note: “[G]ood intent or absence of discriminatory intent does not redeem employment procedures or
testing mechanisms that operate as 'built-in headwinds' for minority groups and are unrelated to
measuring job capability." Griggs v. Duke Power Co., 401 U.S. 424 at pp. 431-2 (1971)
7. What to do if variance from the Four-Fifths Rule is found
A. Program must prove, by validated study (aka, criterion, content & construct validity) that
i. The process “… is job-related for the position in question and
ii. Consistent with business necessity." [42 U.S.C. § 2000e-2(k)(1)(A)(i)] [See also 41 CFR 60-3.3 & 14C-D]
iii. Note: Validation studies may be difficult, expensive or, as the EEOC Guidelines call this situation
“… not technically feasible”.
B. Program must revise the offending procedure, if no validity study is done, to create
i. A formal and scored procedure for objective data
Examples
Work History
Education Achievement
Military or National Volunteer Service
Etc.
ii. Establish consistent criteria for subjective data such as oral interviews
Note: All of these procedures remain subject to Adverse Impact Analysis – If analysis shows that the
adverse impact of new or revised procedures continues despite changes, further revision by the
Committee is required.
8. Individual employers / training agents
A. May establish Work Rules necessary for the safe and efficient operation of its business
Examples: Pass drug test; Possess a valid driver license; Insurability; Ability to obtain a security clearance
B. Such rules must meet the business necessity test and
i. Must be written rules that apply to all similarly situated employees of the business and
ii. Must be disclosed to the Program, in writing, before an apprentice is assigned to that employer
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4. Program Operations Compliance Review Program Operations Compliance Reviews help the Committee to evaluate the delivery of its
Administrative processes, Apprentice development and Training Agent management. The purpose of
this review is to determine whether the program is in operational compliance with state and federal
rules and requirements.
Compliance Reviews are conducted in an atmosphere of mutual respect.
There is no effort to create a “Got you” moment
4. Program Operations Review [See OAR § 839-011-0145 (4)]
C. All registered apprenticeship programs will receive a Program Operations Compliance Review
Reviews are annual for each of the 3 years after initial approval
Subsequent reviews are every 3 years or as required by the Director of Apprenticeship
D. Reviews take place at the Committee’s administrative headquarters, but may include site visits at
related training classes and interviews with apprentices or training agents
5. Evaluation Criteria Reviewed
J. Applications
K. Apprentice Selection
L. Apprentice Registration Agreements and Licensing requirements
M. Apprentice Completion Rates
N. Apprentice Management
i. Semi-annual review
ii. Proper evaluation of advanced credit
iii. Proper discipline procedures
O. OJT is delivered as outlined in the Standards
i. Hours tracked monthly
ii. Supervised under approved ratio
iii. Rotation into each Work Process is accomplished
iv. Training is consistent with License requirements, if applicable
P. Related Training is delivered as outlined in the Standards
i. Curriculum validation is current
ii. Instructor credentials are current
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iii. Grades are recorded
iv. Training is consistent with Standards
v. Training is consistent with License requirements, if applicable
Q. Training Agents are qualified and managed
R. Committee Minutes
S. Determine and submit annual average wage
T. Program Standards
U. Committee Member Composition
V. Committee Recordkeeping
6. Upon conclusion the Division will determine level of Compliance
J. Compliance – Normal or better operational control
K. Good Faith Compliance – Minimal changes required with no untoward impact on Program participants
L. Out of Compliance – Substantial changes required to correct negative impact on Program Participants
i. Determine appropriate corrective actions if the program is not being administered or maintained properly.
ii. Identify strategies or procedures that should result in specific improvements in the operation of the apprenticeship program.
iii. Recommend sanctions or deregistration of a program for failing to act in good faith to comply with its legal obligations or the requirements of OSATC.
M. Division Report will also include
iii. Completion Rate Comparison and
iv. Standards Analysis
N. Results of the review to the JATC/TATC for response
O. A final report will be made to the Council
Broad Checklist of Items and Documents for the AA Compliance Review
Files, including monthly progress reports, for all active apprentices and for all apprentices completed or
canceled during the previous five years.
A Committee report that shows the apprentice(s) On-the –job-Training hours by work process and progress in
Related Supplemental Training.
Meeting minutes for the review period.
Current committee policies and procedures related to program operations and review of apprentice progress
(with adoption/revision date).
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Documentation of any formal complaints filed during the review period and/or any committee investigations of
violations by apprentices and/or training agents.
Documentation of any committee investigations of violations by apprentices and/or training agents.
Copies of the program’s standards effective during the review period.
A summary of the committee’s related training as required by OAR 839-011-0084(f) … a complete related
training curriculum, including instructor qualifications, class outlines and expected competencies, grading
procedures and completion criteria.
V. Program Operations
1. Selection of Apprentices Apprentice Selection
Summary: Any step in the application process should be related to the trade and the job environment.
5. Selection Procedure – Fewer than 5 apprentices
None required, but must fairly consider all applicants;
An applicant selected must meet Minimum Qualifications
6. Selection Procedure – 5 or more apprentices
Formal Procedure is required
An applicant selected must meet Minimum Qualifications
7. Principal methods
i. Random selection
i. All applicants who meet the minimum qualifications are placed in a Pool of Eligible Applicants
ii. Committee estimates number of applicants who may be needed by its registered training agents
for a given term, say 6 months.
iii. That number of people is randomly selected to join a Ranked Pool based on the order drawn
iv. As employers request apprentices, the applicants are drawn in order from Ranked Pool
ii. Promotion of current employees
Most often found in single manufacturers or industrial employers who select all employees in a
competitive process that follows an established promotion policy.
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iii. Ranked Selection
Objective criteria, assigned a relative numerical value, are used to create a group of eligible
applicants called the Ranked Pool.
i. An applicant selected must meet Minimum Qualifications
ii. Subsequent processes may be used to further distinguish rank, such as
a. Attendance and participation at an Orientation session
b. Interviews
iv. Alternative Selection Methods – Exceptions
a. Exceptions to a program’s primary selection method permit direct entry outside the regular
process. Entry through Exception is disfavored because they so often result in disparate impact
on Protected Classes of employees; Exceptions, by OAR 839-011-0200 (1) and (4)
b. Prior to adoption or use of an alternate selection method [Exception] the Program must seek
approval by the Division and establish that the exception will meet certain requirements to
include:
The exception aids in the pursuit of its affirmative action work plan and its goals and timetables;
The exception is based upon fair and objective benchmarks;
No adverse impact to women or minority applicants is shown by entry under the exception. c. If the exception detracts from those goals, the committee must cease use of it or find another
way to meet its goals.
d. The Committee must evaluate each registration to its program under its selection procedure
and cumulatively address the impact, if any, on the Committee’s Affirmative Action Plan, its
Goals and Timetables, and Equal Employment Opportunity Pledge.
Practice Tip:
As notice to interested parties, evidence of good faith intent, and a self-reminder it is wise if
a Program that contemplates use of exceptions include in its Standards a preamble to its list
of approved exceptions.
Sample language:
Conditions applicable to exercise of exceptions:
Each apprentice registered under an exception will complete all related /
supplemental instruction curricula in these Standards, except insofar as the
Committee may award credit for instruction successfully completed prior to
registration to these standards, which the Committee finds equivalent, and
current, to its validated curricula.
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Applicants entering through an exception will be registered and placed at
the bottom of the out-of-work list
Prior to grant of entry through an exception, the Committee will evaluate
each such proposed registration and permit the entry so long as it creates no
diminution of its commitment to its Equal Employment Opportunity Pledge,
its Affirmative Action Plan and its Goals and Timetables.
Each apprentice, prior to registration, must meet this Program’s eligibility
requirement under these Standards.
General Selection Matters
8. Minimum Qualification
A. Must be directly related to education or job performance as determined by regulatory
benchmarks or standardized validation procedures, [See 41 CFR Part 60-3.5 and OAR 839-011-
0200 § 6 b.1.iii.A]
B. Typically, the expense of validation studies, inhibits determination of extensive minimum
qualifications
C. Primary Minimum Qualifications
i. Age (18 in most instances due to child labor laws) and
ii. Education, at most a diploma from a high school or General Equivalency Diploma. Submitted
diplomas must meet the Oregon diploma requirements. Schools issuing diplomas must be
independently accredited by a national or regional accreditation association. They cannot
accredit themselves or utilize an association of other online schools, such as the International
Association of Online Schools whose members accredit themselves.
D. Employer Qualifications
i. Legal employment conditions based upon the Employer Work Rules that are
a. Job related, and
b. Consistent with business necessity, and
c. Meet an employer’s specific articulable needs, and
d. Applied to all similarly situated employees
Note: Individual employers may have differing employment rules such as driver licenses,
qualification for the employer’s automobile insurance, drug-free workplace, etc. based
upon business necessity or job requirement. These rules must be written and provided
to the Committee at the time of registration as a Training Agent or as later adopted.
ii. In any event, the employer must state the reasons an apprentice is rejected for employment;
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only lawful reasons, communicated in writing to the Committee may be grounds to refuse
employment to an apprentice.
E. Interviews
i. Questions must be beyond, and not duplicate, any Minimum Qualification condition.
ii. Oral interviews may be used once an applicant is placed in the eligibility pool, and prior to
selection for apprenticeship.
iii. Oral interviews ought to help determine how the applicant might fit into the program and with
trade practitioners.
iv. Process
a. Provide each interviewer with a sheet on which to record a score and notes about the answers.
If points are awarded based upon the answer it can help to achieve consistency if the
interviewers have an idea of the type of answer that might relate most directly to the question.
Each interviewer should be able to say why they gave the points.
b. An interview should never be a “chance to cull the herd”, but
c. An opportunity to learn about the applicant and
d. help the applicant learn about how their experience and interest might relate to the trade
F. Orientation
i. An Orientation session may expose the applicant to the trade’s real day-to-day challenges
without setting it as a test, which the applicant must pass to gain entry.
a. If it is more onerous than participatory, requires a passing score or grades of any kind, or
enhances the pool rank, the program must be directly related to job performance, as shown by
significant statistical and practical relations.
b. It would be appropriate to use an orientation program to create a first-day-on-the-job
advantage for the applicant and the employers.
c. It might ensure safety, tool familiarity, and exposure to jobsite issues common to the industry.
d. This can be a valuable experience, but may never be used as an additional qualification criterion.
An orientation session could enable an applicant to self-select out of a situation that might have
failure clearly on the horizon.
ii. The real issue: What is fair?
a. If the applicant fails to timely attend and wholly participate in a genuine orientation session
those flaws certainly can form the basis for rejection of the applicant from the Pool of Eligibles.
b. However, if the program goes further and establishes minimum benchmarks that must be met in
order to continue in the selection process, those benchmarks must meet federal validation
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requirements.
2. Apprentice Wage Determination
Wage Determination
1. The Committee must determine, and re-determine at least annually, the average
journey worker hourly rate of wage for the employees of training agents active in the
Program. ORS § 660.137 (6)
2. The Journey worker is a
A. Skilled worker in a trade or occupation with
i. demonstrated knowledge,
ii. experience, and
iii. proficiency, who
B. Currently perform the type of work for which the apprentice is to be trained.
3. The Committee, annually, must
1. Approve the rate in its Minutes, and
2. Submit the rate to the State Director of Apprenticeship and Training, along with
a statement explaining how the determination was made.
Practice tip:
In a letter from the Committee Chair or Administrator addressed to the Director,
state the wage approved by the Committee for each Standard in with the
Committee trains.
Send a pdf copy of the signed letter attached to an e-mail to the assigned
apprenticeship representative: If mailing the original, send to the assigned
Apprenticeship Representative not to the Director; it will be processed more
efficiently
Notify all training agents of the new rate
4. The rate becomes the basis for the minimum that an apprentice must be paid as
provided in the wage progression in the Standards.
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5. Committees may use a simple or weighted average, or a mean, median or midpoint.
A. The Committee must survey all approved training agents:
B. Wages of the highest- or lowest-paid journey workers should be included in the
computation, as long as all job duties are within the normal scope of journey level work;
C. Wages for journey workers functioning in a supervisory capacity should not be included;
and
D. Fringe benefits should not be included as a part of the wage
6. Effect of a Collectively Bargained Wage
The CBA controls, always, as to any signatory employer, even if it is higher than the
average wage determined by the Committee's wage determination
Note: In practice, this is almost never a problem – consult your assigned Apprenticeship
Representative if it does arise.
7. Effect of Multiple Employers in a Program;
Example: public, private or non-profit employers in the same committee. The best solution is to set up separate sets of standards for each group of affected employers. The journey wage would then be the same for similarly situated employer.
3. Committee Meetings 1. Regular Meetings
A. Required: Meet with a quorum of members physically present at least once every six months to review and evaluate apprentices.
B. Other Meetings;
i. Meet, otherwise, as necessary to conduct business and review apprentices.
ii. As called by the Chair or a majority of the Primary Members
iii. Electronic Meetings
a. May be called to handle any matter except the discipline or involuntary cancellation of an apprentice
b. Should be used to conduct no more than 50% of the Committee’s meetings.
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Practice Tips:
Adopt a written Procedure to accommodate electronic or telephone meetings. [See sample written Procedure]
Meet at least quarterly; it will be difficult-to-impossible to properly review apprentices with only two meetings a year
Committees should meet at least monthly during their first year of operation.
2. Meeting Format
A. The committee must, by statute, adopt Robert's Rules of Order as its operating guide in running meetings.
B. The committee need strictly apply Robert’s Rules only if necessary to enforce order and conduct the business of the committee in timely manner.
C. Agenda: [See this Manual Program Operation – Recordkeeping – Minutes for detailed instructions
D. Quorum: Declared by the Chair - at least two employer and two employee members must be present for any action to be valid
E. Actions: Use a format that uses Motion / Second / Carry or Motion / Second / Fail to record, in the Committee Minutes, action taken.
F. Confirm all Committee votes / actions with a uniform abbreviation – M/S/C or M/S/F
i. A voice vote is generally acceptable
ii. Must: Record the tally & identify members, by their vote, if the tally fails to be unanimous
iii. Optional: include name of member making any motion or second
3. Committee Operational Procedures
Operations Procedures
1. A Committee must maintain written Operation Procedures; these explain how it will meet
its Policy obligations.
[See, ORS § 660.137 Duties of local apprenticeship and training programs, and OAR § 839-011-0073.]
2. Every Committee Must:
A. Review its Committee Procedures:
i. At least annually;
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ii. Note approval, or confirm the annual review, in Minutes; and
iii. After Division approval of the original procedures, send a copy any changes, to the
assigned Apprenticeship Representative.
B. After Division approval [or 90 days after delivery to the Division, whichever comes first]
the changes are effective;
C. Deliver a copy of Committee Procedures to each Apprentice and each Training Agent at
the time of registration;
D. Send a copy of any changes to each Apprentice and each Training Agent as they may be
adopted
3. Committee Procedures Must Include Certain Categories: The Committee may use any
language of its preference, but it must put written procedures in place. [See, sample
Procedures; Note: These are “samples”, “suggestions”, “Ideas”, etc., which a Committee may adopt
or modify.]
A. Committee Structure
i. Membership
ii. Election of officers
iii. Appointment of Administrator
iv. How to handle day-to-day operations
B. Initial employment process for newly registered apprentices;
C. Placement procedures for out-of-work apprentices;
D. Credit for prior experience – approval process;
E. OJT requirements
i. Hours
ii. work processes
iii. rotation/partial rotation
iv. monthly progress
v. reports
vi. timelines
F. Related training requirements
i. Attendance
ii. grades
G. Complaint procedures for Apprentices and Training Agents;
H. Process for the review and evaluation of apprentice progress;
I. Advancement requirements – Re-rates;
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J. Disciplinary process – Appearances, holds and cancellations;
K. Completion requirements;
L. License requirements
i. Exam referrals
ii. Process to complete program;
M. Training agent requirements
i. Approval
ii. Discipline
iii. Removal
N. Optional Policies, which the committee considers important to its operations, may be
separate from or included in occupational Standards for any matter, but they must be
submitted to the Division for its review and approval.
4. Committee Recordkeeping - Minutes
1. Minutes – Process Summary
A. Minutes record Committee action taken where a quorum of active members is present.
B. Complete Minutes in a format approved by the Division; use the sample format
or develop your own format with the template as a guide. [See Template and Sample – link]
C. Send Minutes to the Division, which will review and enter the information into
the Division database.
D. The final iteration of the Minutes, as approved by the Division, will be returned, as a copy, to the Committee
i. This becomes the official record. ii. The Committee must keep a copy of the Minutes for 5 years from the date the
Division records the final iteration.
E. The Division, with the copy of the Minutes, will also send materials to include:
i. A list of committee actions recorded, ii. Copies of new apprenticeship agreements
iii. Updated committee member and training agent lists iv. Worksheet / Rosters
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F. Once received, the Committee must verify the accuracy of the information and report any discrepancy to the Division.
G. When approved by the Division, these are Public Records. See Oregon Public
Records Law
H. Administrative Minutes are generated by the Division to enable corrections, deletions or additions to be made to an Apprenticeship Division record.
For example, Apprentice A is active in the Program directed by Committee 123, but signs a new Agreement to register with Committee XYZ. At the moment Apprentice A signs the new Registration Agreement, the apprentice status with Committee 123 ends. The Division will render Administrative Minutes to transfer Apprentice A to Committee XYZ. A copy of those minutes will be sent to Committee 123.
2. Minutes – Process Details
A. Submission
i. Minutes must be received by the Division within 10 business days after an
official meeting. Send by:
a. E-mail to [email protected] is the best and the preferred delivery method for Minutes.
Practice tip: Always include your assigned Apprenticeship Representative as a courtesy
recipient of the e-mail and any attachments.
b. Other means for delivery of minutes
US Postal Service to: 800 NE Oregon Street Suite 1045, Portland, OR 97232
Fax (971-673-0768
Hand-deliver to the BOLI / ATD office of your assigned Apprenticeship Representative
ii. Important Timeline Note: Certain Documents are considered to be “Received”
only on the date that both the original completed document and a copy of the Minutes that reference these documents are in-hand at a BOLI / ATD office. This applies to:
a. New Apprentice Registration Agreements b. New or revised Training Agent Agreements c. Signature Sheets that authorize action as to Committee Obligations
Develop an Agenda that uses your Minutes format as a working draft. Circulate the agenda ahead of the meeting time by e-mail and solicit additions. [See Template and Sample – link]
Always include your assigned Apprenticeship Representative as a courtesy
recipient of the agenda e-mail and encourage updates from the Division for the Committee.
Always start a new set of Minutes with a fresh “Minutes” template; invariably,
use of a prior set of minutes as the base for a subsequent set will inappropriately include or omit some material.
Use the Division database codes to note actions taken
i. Minutes Content – Template [See Template and Sample – link]
a. Committee Name and MA number b. Location, date and time meeting called to order and by whom (Chair or
Acting Chair) c. Recognition that a quorum is present; at least 2 employer and 2
employee members d. Record name of Committee members & guests present e. Approval of prior minutes – specify by prior meeting date – note
corrections f. Communications – include To, From, Subject, and Disposition; g. Reports– written or oral reports requested by the Committee or provided
by interested parties; a brief summary reference is sufficient h. Unfinished Business – items carried over from prior meeting(s);
Summarize action taken
Separate apprentice matters from others i. New Business – matters new for this meeting
Summarize action taken
Separate apprentice matters from others j. Discussion / Good of Apprenticeship k. Date, time, and location of next meeting l. Time of adjournment m. Name of recorder (secretary, recording secretary, or authorized
representative)
ii. Minutes Content – Record Votes & Actions
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a. Must: Record the tally & identify members, by their vote, if the tally fails to be unanimous
b. Confirm all Committee votes / actions with a uniform abbreviation – M/S/C or M/S/F Indicates Motion/Second/Carry or Motion/Second/Fail
c. Optional: include name of member making any motion or second;
iii. Minutes Content – Required Attachments – include with submission of the Minutes
a. New Apprentice Registration Agreements [Original Complete Document with
original signatures]; Mail the original document – NO e-mail, no fax b. New or revised Training Agent Agreements [Original Complete Document with
original signatures]; Mail the original document – NO e-mail, no fax c. Approval Signature Sheet that affirms Committee action for certain matters –
[Original Document with original signatures]; Mail the original Signature Sheet document; NO e-mail, no fax:
Adoption and / or revision of occupational Standards
Adoption of Affirmative Action Work Plan
Adoption of Goals and Timetables
Appointment of Committee Administrator
Delegation of Signing Authority to Committee Administrator d. Member Nomination Letter from an employer or employee group to appoint or
remove members [Original Document with original signatures]; e-mail or fax OK e. Administrator Appointment Sheet – Signature Authority – delegates
administrative and clerical authority [Original Document with original signatures]; Mail the original document – NO e-mail, no fax
f. Appointment of a Committee representative for a special process; example: Minimum Guideline Committee Representatives [Original Document with original signatures] Mail the original document – Email or fax will be accepted until the original document is received.
g. Documents that support a Committee Obligation
Affirmative Action plans, goals and timetables e-mail or fax ok
Committee Procedures and / or revisions to those e-mail or fax ok
Notice – Annual average journey wage determination e-mail or fax ok [See sample, link]
iv. Minutes Content – Exclude certain information from the Minutes
Omit any reference that might identify or imply a relation to matters protected by Privacy Laws; Examples:
Health condition
Criminal record
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Personal identifiable information (SSNs, DOB etc.)
v. Minutes Content – Apprentice; New Apprentice Registered to this Committee*
Name
Effective date of registration
Hours, if any, of equivalent OJT or Related Training credit granted toward Program Completion [See sample, link]
Beginning Term of apprenticeship – e.g. 1st term, etc.
Beginning Wage Progression percentage Reminder:
Mail [No e-mail, no fax] the Apprentice Registration Agreement – original document with original signatures –
For licensed trades where an initial license has not been issued, the effective date of the registration is the date that both the completed original document and a copy of the Minutes that reference this document are in-hand at the Division.
*This is important to establish legal work status on Prevailed Wage projects and the
“active date” for any required apprentice license.
vi. Minutes Content – Apprentice; Currently Active or Suspended
a. Name and the current active Division Registration Agreement number; b. Include additional information as noted based upon action taken or proposed:
Rerates term of apprenticeship, % journey worker
wage, and effective date
Holds reason for the hold
Notices to Appear reason
Proposed Cancellations reason
Final Cancellations Reason & OJT credit earned, and effective
date of cancellation
License exam referrals type of license & effective date
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Completions effective date
Suspension effective date, date to review suspension
status [Note – must review status within 6
mo. of suspension; no suspension should
last longer than 12 months]
Unsuspend effective date that apprentice will return
to active Program participation
c. Use the Division Action Codes to describe the action taken and the reason for the action.
d. List name and number in the body of the minutes or on BOLI/ATD’s alphabetic worksheet roster.
e. Use the Division Action Codes to describe the action taken and the reason for the action. [See sample, link]
f. List name and number in the body of the minutes or on BOLI/ATD’s alphabetic worksheet roster. [See sample, link]
vii. Record Training Agent Actions
a. Name of Company b. Apprenticeship Contact information [Responsible person, street address,
secondary address if applicable, phone, e-mail] c. Effective date of registration or d. Effective date of removal of TA status e. Standards approved for apprentice dispatch to the TA
viii. Record Member Actions
a. Type of Action: Add or Remove or Change Position status b. Nomination: by employer or employee group c. Name of Nominee d. Effective Date of Nomination, Removal or Change of Position e. Contact information [Name, street address, secondary address if
applicable, phone, e-mail] f. State the affiliated occupation, or g. Attach "Committee Member Actions" form [See sample, link]
h. For Removed Members, note committee recommendation for service recognition:
Meritorious Service Award (3 or more years’ service), or
Certificate of Appreciation (less than 3 years’ service)
ix. Record Committee Actions on Program Obligations a. Adoption and / or revision of occupational Standards b. Adoption of Affirmative Action Work Plan c. Adoption of Goals and Timetables d. Wage Update e. Opening Announcement to Accept Applications f. Appointment of Committee Administrator g. Delegation of Signing Authority to Committee Administrator
5. Committee Recordkeeping – Required
Required Records – May be kept on paper or electronically
1. Records Retention Schedule, ATD: A. Program Records
Retain program records for a minimum of five years after the last action taken by the Committee as to any Program constituent.
i. Minutes ii. Wage survey process and results
iii. Affirmative Action plan and activity documentation [See Affirmative Action requirements]
iv. Applicant v. Apprentice
vi. Training Agent vii. Affirmative Action Obligation
B. Category Records Retain Category Records as long as they are current; shift Category Records to an Archive as they are revised or superseded.
i. Division Directives and Guidelines ii. OSATC Policy
iii. Program Standards and related revisions iv. Program Procedures v. Program forms
vi. Program Related Training a. Provider Credentials [record of accreditation by the entity that validates
b. Instructor Credentials [record of instructional certification and / or Journey worker status in the trade in which classes are given]
c. Curriculum Content d. Curriculum Validation
2. Records – Detailed
A. Applicant Records [This is a Program Record – Keep 5 years.]
i. Program forms delivered to or used by the applicant in the Program’s application process
ii. Documents from applicant, or correspondence received from other sources, which support the application:
iii. Transcripts iv. Letters of Reference v. Evidence of participation in military, government agency and/or OSATC-
authorized pre-apprenticeship programs
B. Apprentice Records [These are Program Records – Keep 5 years.] i. Apprenticeship Registration Agreement – copy – original is sent to the Division
Practice tip:
Recommended that apprentices acknowledge, in writing, receipt of a copy of the Registration Agreement, the occupational Standards and the Committee Procedures
ii. Monthly Progress Reports [MPRs] iii. Related training records (attendance & grades). iv. Semi-Annual Evaluations v. Notes of proficient conduct
a. Re-rates b. Phased [Plumber] or Indirect [Electrician] Supervision
vi. Notes of deficient conduct a. Description of act b. Counsel given c. Plan for correction d. Citations to appear before the Committee
vii. Discipline action by Committee a. Holds b. Warnings c. Cancellation
Note: The Committee must have certified mail (return receipt) proof of notice sent if it takes action to discipline or cancel an apprentice registration.
C. Training Agent records
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i. Training Agent application/agreement ii. Training Agent Registration agreement – copy – The original is sent to the
Division iii. Committee actions and related correspondence
a. Qualification of TA to do business b. In Oregon (business license, CCB license, bonds (if required), workers comp
insurance, etc.) c. In the trade (Building Codes Division License, employees licensed, etc.) d. Number of journey workers employed in the trade
Note: The Committee must require documentation from a Training Agent applicant that shows it meets the legal requirements to employ workers in the trade. Examples:
Continuously active worker’s compensation insurance;
Business License
Construction Contractors License
Trade License [electrical, plumber, HVAC, Pressurized Vessel, etc.] Practice Tips
How to check for basic requirements: Worker's Compensation Insurance
Building Codes Division
Secretary of State
Recommended that each training agent acknowledge, in writing, receipt of the occupational Standards, the TA Registration Agreement and the Committee Procedures
D. Related Training Records [See OAR § 839-011-0084 – mandatory benchmarks for all new or existing committee curricula]
i. Provider Credentials – This is the record of accreditation by the entity that validates the
curriculum. Examples of Division-approved providers: Oregon Community Colleges, Penn-Foster
Distance Learning, NECA-IBEW Electrical Training Alliance
ii. The Committee must maintain documentation to show related training curriculum
meets independent accreditation benchmarks, which include:
a. A direct relationship between coursework and the work processes in which the
apprentice is engaged;
b. A curriculum, and an instructional delivery plan, certified by either a state education
certifying authority or nationally recognized industry association;
c. The basic credentials instructors are expected to attain; and
d. A description of the available, structured, hands-on laboratory application of curriculum
components.
iii. The curriculum must be validated by:
a. A state education certifying authority – an institution of higher learning subject to
independent accreditation, or
b. A nationally recognized industry association, and
c. A Letter of Validation from the Curriculum Provider must be updated when a change in
curriculum is proposed or every 3 years, whichever comes first. [See sample letter]
iv. Instructor Credentials [record of instructional certification and / or Journey worker
status in the trade in which classes are given]
E. Division and OSATC Records – Policies, Directives, Guidelines and Interpretations i. The Division through the Director of Apprenticeship will from time to
time submit written guidance to all, or individual, Committees on issues
that affect apprenticeship and training operations.
ii. Each Committee should maintain a file, which includes these materials,
for reference.
iii. When an update or revision is received, purge the older material.
6. Related Training
Classroom Curriculum, Delivery and Instruction Each Committee must adopt certified curriculum to supplement the job site development of skills under the direct supervision of journey workers in the trade. [See, 29 CFR 29, ORS 660.137 and, particularly OAR 839-011-0084. The OAR sets out in excellent detail the criteria that curricula and its delivery must establish for approval, maintain and update.]
1. Curriculum must meet independent accreditation benchmarks, which include:
A. A direct relationship between coursework and the work processes in which the apprentice is engaged;
B. A curriculum, and an instructional delivery plan, certified by either a state
education certifying authority or nationally recognized industry association;
C. The basic credentials instructors are expected to attain;
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D. The means by which an apprentice may directly engage qualified instructional staff in a meaningful discussion about issues and questions that arise in studies;
E. A description of the available, structured, hands-on laboratory application of
curriculum components.
2. Qualified Instructors must:
A. Meet the State Department of Education’s requirements for a vocational-technical instructor in the State of registration, or
B. Be a subject matter expert, which is an individual, such as a journey worker, who is recognized within an industry as having expertise in a specific occupation; and
C. Have training in teaching techniques and adult learning styles, which may occur before, or within 9 months after, the apprenticeship instructor has started to provide the related technical instruction.
3. Alternate Courses may be offered if
A. A Committee takes action to permit use of the alternative course B. The course is consistent with its approved curriculum, and C. The Curriculum Provider determines, in advance, the course is
i. Equivalent to, ii. Enhances, or
iii. Supplements the current curriculum. iv. Examples,
a. Course unavailable to the apprentice at the time it is needed, b. Avoid course repetition, c. Aid subject matter comprehension, d. Change manner of delivery to accommodate student need [distance learning
delivery to classroom model or vice versa]
4. Complementary Courses
A. Beyond approved related training curriculum, the Committee may offer or require additional coursework. For example,
i. An apprentice may enter a program at mid-term or ii. Complete related training class work, but have insufficient OJT hours to
complete the program.
a. In the first instance, it does disservice to the new apprentice, and to the instructor, to start without a proper foundation. The committee may act to delay related training until the beginning of the next full term. This violates no
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requirement for an active presence, on an annualized basis, in the classroom. If elementary materials are available, the committee may assign them to a new apprentice as long as those may assist the apprentice when the approved curriculum takes up.
b. The more difficult problem is the late term apprentice, who has exhausted the
prescribed course of instruction, yet some type of related instruction is necessary until the apprentice has accrued enough OJT to complete the program. No course work should be repeated for the lone reason that the apprentice has yet to complete the program.
B. The Committee may consider the following criteria:
i. Previous academic performance by the apprentice; [It is well-documented that
student academic processing decays with time away from class; often it’s the apprentice who struggles with class work the most who least wants to be in class. Weak academic performance may be remedied by retaking a specific class.]
ii. The length of time reasonably projected to meet the OJT requirements;
iii. The extent to which additional classes are in some form related to the trade.
5. Inadequate OJT Hours in a Specific Work Process
A. It happens an apprentice may be unable, in the course of a typical program term,
to meet the OJT hours for every work process. This may occur because of economic conditions or a trade-specific skillset has more historical than current practical economic significance. Indeed, except in the licensed trades, no minimum hours for completion are required.
B. What is required, in that instance, is set out in the Standards boilerplate note
that follows the work processes description.
VIII. WORK PROCESSES: NOTE: When an apprentice is unable to fulfill the total work hours in each work process the committee will evaluate the apprentice’s knowledge, skills and abilities and provide appropriate additional related instruction to assure that competency is acquired in each work process. The evaluation and summary of the additional instruction will be noted in the apprentice’s file.
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C. Supplemental Instruction, generally, must be approved by the Division. However, the statute provides an exception to Division approval provided certain criteria are met. A committee may provide supplemental instruction in a limited area as a substitute for a work process in the trade. The committee must establish clear objectives and outcomes, in lieu of hours, for this supplement.
D. The Committee must commission an expert journey worker in that work process
content. i. The person commissioned will extrapolate learning objectives from the work
processes, and develop protocols for delivery. ii. The instruction intended must be consistent with the current format the
committee has adopted for related training, but exceeds the required related training in the standards.
iii. The course work will be taught by qualified journey workers who are, in addition, qualified instructors.
iv. The committee must track a. The instruction provided, b. The means used to accomplish the evaluation of competency and c. Enter a summary note in the apprentice’s OJT file as to the completion of the
supplemental instruction by the apprentice in lieu of OJT completion.
6. Equivalent Curriculum Administered by Parallel Related Training Providers
A. Separate Related Training Providers
i. It is possible for a committee to request approval of two related training providers who would each meet the related training requirements for an occupation. This would be accomplished by inclusion in the standards of two separate accredited providers delivering curricula, which meet the same outcomes and objectives.
ii. In these situations, there is often an interest in one provider who maintains
Direct Instruction and another who maintains a Distance Learning model. Distance Learning delivery models have been approved in a few instances in Oregon. The Oregon Administrative Rule (839-011-0084) sets the objective criteria, which must be met for any program’s related training component.
B. A Combined Program
i. It is possible to allow for a combined program offered through both Direct
Instruction and Distance Learning, but, frankly, it is often easier to adopt two separate curricula. The Oregon Administrative Rule provides curriculum must be
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certified by a state education certifying authority or nationally recognized industry association.
ii. If the two are combined there must be an accredited entity who affirms the
combined curriculum is equivalent to the overall delivery of related training. This requires interchangeable classes determined to be effectively equivalent by an accredited source.
iii. The curriculum provider will have to affirm the outcomes and objectives, to
include, of course, the hands-on modules as well. It is often difficult to achieve sufficient cooperation between curriculum vendors to make this work and, thus, possible although improbable.
VI. Training Agents
1. Conditions and Registration Training Agent Requirements
The Committee recognizes employers as approved training agents and sets all qualifications for
performance
1. Training Agent Operation Requirements
A. The Committee must give equal access to all employers
B. No employer shall be required to join an industry or trade association as a condition of approval
as a training agent.
C. An employer may serve simultaneously as an approved training agent for only one program in
the same occupation, in the same geographic jurisdiction.
Note: in very limited circumstances the Division may approve such multiple registrations; consult the
Division if such a request is made
2. Training Agent Operation – Committee Options
A. Fees – The Committee may establish fees, which must be equally proportionate for all approved
training agents, including, without limitation
i. Program Administration
ii. Curriculum Development
iii. Curriculum Delivery
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iv. Instructors
B. The prudent Committee will include minimum qualifications, which must be continually met to
remain active, for training agents in its written Policies and Procedures, which may include:
i. Workers Compensation Insurance – must be active at the time of application and maintained in
full force and effect;
ii. Register with the Construction Contractors Board (if a contractor) and/or Oregon Corporation
Division (if a corporation);
iii. Active licenses to do business in the state and any applicable jurisdiction;
iv. An Active Physical Principal Place of Business; a PO Box is insufficient;
v. Payroll Bond sufficient to cover the payroll for all employees;
vi. Employ sufficient journey workers to supervise apprentices under appropriate ratios;
vii. Demonstrate ability to cover costs of one year of training for the number of apprentices
anticipated to be enrolled within 1 year of registration.
viii. the employer has no current training agent registration in the geographic area in which the
Committee trains; and
ix. the employer has no recent record of discharge from Training Agent status
3. Employer Training Agent Registration
A. Accept application
B. Review Qualifications
C. Approve status at a Meeting attended by a quorum of members
D. Sent a fully executed training agent registration agreement to the Division
E. Effective date for active status
“Forty-five (45) days prior to the date that a fully executed original training agent agreement and
committee minutes approving the registration of the employer are received by a representative of the
Division.” See OAR § 839-011-0162
4. Employer with a principal place of business in Oregon, but outside the geographic jurisdiction of
a local committee; may be approved with conditions
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A. Employer must agree to comply with Oregon State, county and municipal laws, rules and
ordinances and the rules, policies, procedures and standards of the local committee.
B. Employer and the local committee must agree on the manner in which local apprentices will be
utilized.
5. Reciprocal Registration – Out of State Employers – except Plumbing and Electrical Trades
A. Oregon, Washington and Montana employers registered as a training agents in their respective
states are granted reciprocity, without further registration in Oregon provided:
i. The standards are equivalent to Oregon apprenticeship standards for the occupation; and
ii. The employer and sponsor maintain good standing in their home state.
B. On Federal public works projects in Oregon reciprocity, in the non-licensed trades, is accorded
to contractors, apprentices, apprenticeship programs and standards that are registered with the
USDOL Office of Apprenticeship (“OA”) or registered to other State Apprenticeship Registration
Agencies duly recognized by OA for federal public works projects in Oregon that are subject to
the Davis-Bacon Act, in accordance with 29 CFR 29.5(b) (13).
C. Non-federal reciprocity registration, other than Plumbing and Electrical trades
i. Employers or Programs registered with the USDOL Office of Apprenticeship or a duly authorized
State Registration Agency may seek limited reciprocal recognition if
ii. Applications is made to the Division, and
iii. The apprenticeship standards are deemed equivalent to Oregon standards for the occupation.
iv. The employer and its sponsor have passed any probationary period mandated by their
registration agency
v. Recognition of reciprocity is valid for one (1) year. A new letter of recognition shall be issued
upon request accompanied by required documentation.
VII. Program Oversight
1. Committee Structure
Program Oversight
An Apprenticeship Committee governs operations to train workers for an “Apprenticeable occupation” [See, ORS § 660.010 and OAR § 839-011-0084]
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The Committee may govern apprentice training for a single employer or for a group of multiple employers.
In the building and construction trades at least two employers are required
Benchmarks
Committees, by statute, have no state agency status; [See, ORS § 660.014] they are private entities;
To train state-approved apprentices each Committee agrees to meet prescribed Oregon criteria [See, ORS § 660.060, 135, 137 and particularly OAR § 839-011-0084]
Committee Activity is monitored by the Oregon Bureau of Labor and Industries’ Apprenticeship and Training Division with guidance by the Oregon State Apprenticeship and Training Council. [See, ORS § 660.120]
Submit appropriate materials to the Apprenticeship Division
ii. Selection:
a. One officer must be an active Principal employee member and the other an active
Principal employer member.
b. Officers serve terms of at least one year, but no more than two years unless Program
Procedures provide other term duration.
c. Vacant positions must be filled for the remainder of the term of the prior officer holder
unless Program Procedures provide other term duration.
3. Committee Administrator See, this Manual: Program Operations also ORS 660.135 (5)]
i. The Committee may delegate responsibility for day-to-day operations to an Administrator.
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ii. The Administrator may be a Member or other interested person; may be paid or a volunteer.
iii. Scope of the Administrator’s responsibilities is subject to the Committee decision, except that the Committee responsibilities to formally meet, discuss and decide can never be delegated.
Probationary Apprentice
Notice to appear – No Proposed Cancellation
This form letter should be used when citing an apprentice to appear for discussion of conduct, but when no discipline or cancellation action will be taken. Send by regular delivery or by e-mail at least 22 days before the scheduled meeting.
Date
From: XXXXXX JATC
Street Address
City, State ZIP
To: Apprentice
Address
City, OR Zip
RE: Committee Action Regarding Your Apprenticeship
Dear Name:
You must a meeting of your apprenticeship committee on Date at time at location. At that time the Committee will discuss matters to include:
[Insert as many reasons as may be appropriate]
The Committee simply wants to talk with you; it is important that you attend this meeting. If you fail to attend this meeting, you will be required to attend a future meeting at which disciplinary action might be taken.
If you are unable to attend, you must contact me at the telephone numbers listed below prior to time and Date.
Very truly yours,
Name, Title
Phone number
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Notice of Probationary Cancellation Use this letter to inform a probationary apprentice that the committee will consider Probationary Cancellation discipline action.
Reminder:
NO e-mail! This must be mailed, by postal service, at least 22 days prior to the meeting. Must be sent Certified, Return Receipt Requested
AND
The meeting must take place while the apprentice is still in the probationary term; Example – a notice is sent before probation ends, but meeting takes place after probation term expires; any action the committee takes might be void if it failed to follow the process for a post-probationary apprentice.
Date
From: XXXXXX JATC
Street Address
City, State ZIP
To: Apprentice
Address
City, Or Zip
RE: Committee Action Regarding Your Apprenticeship
Dear Name:
You must appear before your Committee on Date at time at location. At that time the Committee will discuss matters to include:
Cancellation of your registration agreement in the Probationary Term.
The Committee may cancel your apprentice registration even if you are unable to attend this meeting.
Very truly yours,
Name, Title
Phone number
Final cancellation notice
Probationary apprentice; may be sent by regular mail
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Date
XXXXXX JATC
Street Address
City, State ZIP
Apprentice
Address City, Or Zip
RE: Cancellation of Your Apprenticeship Agreement
Dear Apprentice:
On Date the XXXXXX JATC took action to cancel your apprenticeship registration agreement, Agreement #, effective the date of the JATC action, Date.
You are in the probationary term of your apprenticeship and no cause is assigned for this cancellation. Credit is granted for OJT Hours.
You are no longer eligible to work, as an apprentice, under any employer registered as a Training Agent by this Committee. Neither your apprentice card nor any license issued under it is recognized by this Committee.
You may appeal this Committee Action, within 30 days of the date you receive this letter, in a written statement to the Director of the Apprenticeship and Training Division. Describe the controversy from your point of view and provide any supporting documents and information. The grounds permitted for your appeal are limited to whether the Committee has violated its Program Operation requirements.
Send your complaint to:
Apprenticeship and Training Division,
Oregon Bureau of Labor and Industries,
800 NE Oregon Street, #1045
Portland, OR 97232.
Very truly yours,
Name, Title
Pnone number
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Apprentice's Request to Termination Registration
Final cancellation notice – Apprentice Request
This form letter should be utilized to verify that the committee has taken action to cancel the
registration based upon the apprentice’s request. [Send this notice Registered letter, certified
receipt requested.]
Date
From: XXXXXX JATC
Street Address
City, State ZIP
To: Apprentice
Address
City, Or Zip
RE: Voluntary Cancellation of Your Apprenticeship Agreement
Dear Apprentice:
On Date the XXXXXXXX JATC approved the cancellation of your apprenticeship agreement,
#agreement number, effective Date.
This was done as you requested on insert date and manner request was received - letter, e-
mail, etc. At the time of cancellation you were credited with Hours OJT and Hours related
instruction hours.
Please feel free to contact me at the telephone number listed below if you have further
questions.
Very truly yours,
Name, Title
Phone number
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Post-Probationary Apprentice
Proposed Cancellation Notice
Use this letter to notify the apprentice that the committee will consider action to cancel the registration agreement because the apprentice has acted in a manner inconsistent with the regulations, rules, standards or policies of the committee.
Send by postal service mail, certified, return receipt requested, at least 22 days prior to the meeting. Practice Tip: at the same time, send a letter by regular mail, to the same address;
Date
From: XXXXXX JATC
Street Address
City, State ZIP
To: Apprentice
Address
City, Or Zip
RE: Committee Action – Proposed? Cancellation of Your Apprenticeship Registration
Dear Apprentice:
The Committee proposes to cancel its approval of your apprentice registration agreement #Agreement number, on Date because:
1 -
2 -
You must appear before the committee on Date at time at location. You will be able to discuss this with the Committee before it decides to take action.
The Committee may suspend, hold or cancel your apprenticeship agreement regardless of whether you attend this meeting. If you fail to attend the meeting your apprenticeship registration may be cancelled.
Please feel free to contact me at the telephone number listed below if you have further questions.
Very truly yours,
Name, Title
Phone number
Cancellation Notice - Involuntary
Use this letter to formally notify an apprentice of committee action to cancel the registration and to
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inform the apprentice of their first step in the appeal process.
This letter may be sent by regular mail; certified delivery not required.
Date
XXXXXX JATC
Street Address City, State ZIP
Apprentice
Address City, Or Zip
RE: Notice; Effective Enter date of the Committee Meeting Apprenticeship Registration is Cancelled
Dear Apprentice name:
On Date the XXXXXXXXXXXX JATC took action to cancel your apprenticeship agreement, enter
agreement number for the reason or reasons as follows:
1 -
At the time of your cancellation you were credited with enter number of hours OJT and enter number of
hours related instruction hours.
If you wish to appeal this action, you must file a written request with the Committee for
reconsideration. In your request you must state the reason(s) you believe the committee should
reconsider its action. The Committee will review your written request and notify you of its decision.
Important: If you want the Committee to reconsider this decision you must submit your written
request to the Committee within 30 days of the date you receive this letter.
XXXXXX JATC
Street Address
City, State ZIP
Very truly yours,
Name, Title Phone number
Reconsideration Notice / Final Cancellation – Non-probationary Apprentice
This form letter should be utilized to notify the apprentice that the committee has reviewed and affirmed the action previously taken by the committee and provide notice of the next step the apprentice must take to preserve an appeal.
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Date
XXXXXX JATC
Street Address
City, State ZIP
Apprentice
Address
City, State Zip
RE: Notice of Cancellation of Apprenticeship
Dear [Apprentice]:
On Date the XXXXXXXXXXXXXXX JATC reviewed your request for reconsideration in the cancellation of your apprenticeship agreement.
The committee took action to Enter either Uphold or Revise its decision.
If you wish to appeal this action you must file a written complaint within 30 days from the date you receive this letter with the Oregon Director of Apprenticeship. You must provide this committee with a written copy of the complaint that you file with the Director and within the same 30-day time period.
Your written complaint must contain a description of what happened and why you think the committee was wrong to Enter either Cancel or Revise your apprenticeship status. You should also provide a current phone number, address and any information that will assist the Director in review of this matter.
