Wisconsin Legislature: DWD 295.07(3)(b)

23. Compliance with 29 CFR 30, including the equal opportunity pledge prescribed in 29 CFR 30.3 (c) and in s. DWD 296.03 (3); an affirmative action plan complying with s. DWD 296.04; and a method for the selection of apprentices authorized by s. DWD 296.10, or compliance with parallel requirement contained in a state plan for equal opportunity in apprenticeship adopted under ch. DWD 296 and approved by the department. The apprenticeship standards shall also include a statement that the program shall be conducted, operated and administered in conformity with applicable provisions of ch. DWD 296, as amended, or, if applicable, an approved state plan for equal opportunity in apprenticeship.

Note: 29 CFR 30.3(c) reads: “(1) Each sponsor of an apprenticeship program must include in its Standards of Apprenticeship and apprenticeship opportunity announcements the following equal opportunity pledge:

[Name of sponsor] will not discriminate against apprenticeship applicants or apprentices based on race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation, genetic information, or because they are an individual with a disability or a person 40 years old or older. [Name of sponsor] will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Title 29 of the Code of Federal Regulations, part 30.

(2) The nondiscrimination bases listed in this pledge may be broadened to conform to consistent State and local requirements. Sponsors may include additional protected bases but may not exclude any of the bases protected by this part.”

24. Contact information, including name, address, telephone number and email address, for the appropriate individual with authority under the program to receive, process and make disposition of complaints.

25. Recording and maintenance of all records concerning apprenticeship as may be required by the department and other applicable law.

(3) In trades for which no uniform apprenticeship courses or schedules of training have been adopted by the department, the sponsor may execute an apprentice contract with approved standards, subject to the approval of the department.

History: CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 14-032: am. (2) (intro.), (b) (intro.), 15. (intro.), a., b. Register May 2015 No. 713, eff. 6-1-15; CR 19-003: am. (2) (b) 23. Register September 2019 No. 765, eff. 10-1-19.

DWD 295.03 Local committees.

(1) The function of local apprenticeship committees is to act in an advisory capacity to the department and to be parties to apprentice contracts. Candidates for membership are nominated by the organizations which the members are to represent. To be recognized as a local apprenticeship committee each individual member shall be officially so designated by the department. The geographical jurisdictional area of each such local apprenticeship committee shall be determined by the department.

(2) This rule does not apply to shop or plant sponsored apprenticeship programs or to local apprenticeship committees created under the terms of a bargaining agreement between the management and its employees within that plant or shop program.

History: Cr. Register, March, 1957. No.15, eff. 4-1-57; am. (1), Register, November, 1978, No.275, eff. 12-1-78; renum. from Ind. 85.02, Register, April, 1981, No. 304, eff. 5-1-81; CR 10-073: renum. from DWD 295.02 and am. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.04 Application forms. Where the department requires application forms to be filled out by applicant employers, applicant sponsors, and applicants for apprenticeships, the forms shall be approved by the department.

Note: All forms referred to may be obtained at no charge from the Department of Workforce Development, Bureau of Apprenticeship Standards, P.O. Box 7972, Madison, WI 53707.

History: Cr. Register, March. 1957, No.15, eff. 4-1-57; am. Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.03, Register, April, 1981, No.304, eff. 5-1-81; CR 10-073: renum. from DWD 295.03 and am. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.05 Apprentice wages.

(1) An apprentice contract wage scale is deemed adequate when, during the term of training, it averages 60% of the current journeyworker rate or skilled wage rate. The apprentice contract shall provide for a graduated scale progressing in periods as approved by the department.

(2) In determining the journeyworker or skilled wage rate, for the construction sector for the apprentices who are covered under a collective bargaining agreement, the specified rate applies. Where apprentices are not covered by the collective bargaining agreement, the skilled wage rate is the rate average, calculated as the mean, based on the geographical area of the appropriate local committee. The department will not normally approve a skilled rate for apprenticeship purposes more than 20% below the journeyworker rate in the area. In controversial cases, growing out of the fact that the committee’s jurisdictional area is so great as to extend into communities in which application of this policy proves impracticable, the department reserves the right to make exceptions.

(3) In other industry sectors in which collective bargaining is on the basis of an individual program, the skilled rate is that rate specified in the bargaining agreement. In individual programs not covered by bargaining agreements, the skilled rate is that rate paid the greatest number of competent journeyworkers in like establishments in the community, or such other rate deemed adequate by the department.

History: Cr. Register, March, 1957, No. 15, eff. 4-1-57; am. Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.04, Register, April, 1981, No.304, eff. 6-1-81; CR 10-073: renum. from DWD 295.04 and am. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.06 Effect of bargaining agreements.

(1) Where conditions of employment of apprentices are stipulated by collective bargaining agreement, the department will be guided by the terms of such agreement provided such terms are not in conflict with state statutes or this chapter.

(2) The department shall similarly be guided by any special provision for veterans, minority persons, or women in the standards, apprentice qualifications or operation of the program, or in the apprentice contract, which is not otherwise prohibited by law, executive order, or authorized regulation.

History: Cr. Register, March, 1957, No.15, eff. 4-1-57; am. Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.06, Register, April, 1981. No.304, eff. 5-1-81; correction made under s. 13.93 (2m) (b) 7, Stats., Register, June, 1984; correction made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; CR 10-073: renum. DWD 295.06 to be (1), cr. (2) Register November 2010 No. 659, eff. 12-1-10.

DWD 295.07 Apprentice contract.

(1) All apprentice contracts shall be made upon the forms provided by the department.

(2) No apprentice contract shall be considered in force unless it has had the approval of the department.

(3) The apprentice contract shall contain, explicitly or by reference, all of the following information:

(a) Names and signatures of the contracting parties (apprentice, the program sponsor, and the department), and the signature of a parent or guardian if the apprentice is a minor.

(b) The date of birth of the apprentice, and, on a voluntary basis, the social security number of the apprentice.

(d) A statement of the occupation in which the apprentice is to be trained, and the beginning date and term constituting the duration of apprenticeship.

(e) A statement showing all of the following:

1. The number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of hybrid program.

2. The number of hours to be spent in related instruction in technical subjects related to the occupation consistent with s.106.01 (6) (a) and (b), Stats.

(f) A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process.

(g) A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated.

(h)

1. The apprentice contract shall state the length of the probationary period, which may be up to 25% of the contract hours of the apprenticeship but in no case shall it exceed 12 calendar months. The probationary period shall constitute part of the apprenticeship period.

2. During the probationary period, apprentice contracts are voidable by any party to the contract upon written notice to the department.

3. After the probationary period, the apprentice contract may be cancelled consistent with this chapter.

(i) A reference incorporating as part of the contract the standards of the apprenticeship program as they exist on the date of the contact and as they may be amended during the period of the contract, upon approval of the department.

(j) A statement that the apprentice shall be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, national origin, sex, sexual orientation, or age.

(k) Contact information of the department when the controversies or differences cannot be resolved locally.

(L) A statement of advance standing including work and related instruction wages shall be commensurate for the credit granted or an amendment thereto.

(4) A minor with an apprentice contract under the provisions of ch. 106, Stats., shall not be subject to the law relating to prohibited employments for minors, to the extent that the minor is performing service within the provisions of an apprentice contract approved by the department.

(5) The terms of an existing apprentice contract may be modified subject to approval of the department.

History: Cr. Register, March, 1957. No.15, eff. 4-1-57; am. Register, November, 1978. No. 275, eff. 12-1-78; renum. from Ind 85.08, Register, April, 1981, No.304, eff. 5-1-81; CR 02-087: am. (4) Register November 2002 No. 563, eff. 12-1-02: CR 10-073: r. and recr. (title), (3), am. (1), (2), r. (4), (5), (6), renum. (7), (8) to be (4), (5) and am. Register November 2010 No. 659, eff. 12-1-10; CR 14-032: am. (3) (e) (intro.), 1. Register May 2015 No. 713, eff. 6-1-15.

DWD 295.08 Manual. The department shall keep on record and make available to all interested persons the apprenticeship manual as approved by the department effective January 2008, or as thereafter amended.

History: Cr. Register, March, 1967. No.15, eff. 4-1-57; am. Register, November, 1978. No. 275. eff. 12-1-78; renum. from Ind 85.09, Register, April, 1981, No. 304, eff. 5-1-81; CR 07-010: am. Register June 2007 No. 618, eff. 7-1-07; CR 10-073: am. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.10 Family-owned construction business.

(1) In this section, “family-owned construction business” means a construction business which is owned or a majority of whose stock is owned by one person or jointly by 2 persons who are related by blood or marriage.

(2) An owner of a family-owned construction business may select any of his or her sons or daughters or any person necessary to an approved affirmative action plan as an apprentice when the person has met the qualification standards for a trade and the business has met the qualification standards for training the type of apprentice involved.

(3) This section may not be used by a family-owned construction business to replace an apprentice already registered and assigned to the business.

(4) Where conditions of employment of apprentices are stipulated by a collective bargaining agreement, the department will be guided in its actions under this section by the terms of the agreement. Such stipulated conditions may require that sons and daughters of owners receive the same treatment as all other apprenticeship applicants.

Note: The qualification standards referred to in sub. (2) are set by joint apprenticeship committees and the department. Copies are available from the division of apprenticeship and training, P.O. Box 7946, Madison, WI 53707.

History: Cr. Register, June, 1984, No. 342, eff. 7-1-84; CR 10-073: am. (2), (3) Register November 2010 No. 659, eff. 12-1-10.

DWD 295.15 Criteria for apprenticeable occupations.

(1) Duties of the department.

(a) No apprentice contract or program may be approved pursuant to ch. 106, Stats., unless the occupation involved has been approved by the department as one suitable as an apprenticeable occupation under the criteria provided in this section.

(b) The department shall maintain a list of approved apprenticeable occupations.

(2) Occupational criteria. In order for a new occupation to be approved by the department as an apprenticeable occupation, the department shall find that the occupation includes all of the following:

(a) Involves skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning.

(b) Is clearly identified and commonly recognized throughout an industry.

(c) Involves the progressive attainment of manual, mechanical, or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least 2,000 hours of on-the-job learning to attain.

(d) Requires related instruction to supplement the on-the-job learning.

History: Cr. Register, October, 1981, No. 310, eff. 11-1-81; CR 10-073: am. (1) (a), (2) (a), (b), r. and recr. (2) (c), (d), r. (2) (e), (3) Register November 2010 No. 659, eff. 12-1-10; CR 14-032: am. (2) (intro.), (a) to (c) Register May 2015 No. 713, eff. 6-1-15.

DWD 295.20 Enforcement of indenture agreements.

(1) Complaints. The department may accept complaints arising under an apprentice contract which cannot be adjusted locally alleging that an apprentice contract entered into under ch. 106, Stats., is not being complied with by another party to the agreement. This section does not apply to any complaint concerning discrimination or other equal opportunity issues covered by ch. DWD 296, or subject matter covered by a collective bargaining agreement.

(2) Requirements. The complaint shall be in writing and signed by the complainant, or authorized representative, and shall be submitted within 20 days of the final local decision. It shall set forth the specific matters complained of, together with relevant facts and circumstances. Copies of pertinent documents and correspondence shall accompany the complaint.

(3) Initial procedure. The department, as appropriate, shall render an opinion within 90 days after receipt of the complaint, based upon such investigation of the matters submitted as may be found necessary, and the record before it. During the 90-day period, the department shall make reasonable efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties shall be notified that the case is closed. Where an opinion is rendered, copies shall be sent to all interested parties. Nothing in this section precludes an apprentice from pursuing any other remedy authorized under another federal, state, or local law.

(4) Notice.

(a) Notice of intent to cancel. If any party to the apprentice contract requests that the department cancel the contract, the department shall send a written notice of intent to cancel to the complainant and the other party or parties. The notice shall state that the apprentice contract will be cancelled 20 days from the date of the notice, unless the department receives a written objection from any party within the 20-day period. An objection shall be on the form provided by the department with the notice.

(b) No objection to cancellation. If no party to the apprentice contract objects by the expiration of the 20-day period in the notice of intent to cancel, the apprentice contract is cancelled effective the date of the cancellation notice under par. (d).

(c) Timely objection. If the department receives an objection within the 20-day period provided in the notice of intent to cancel, all of the following provisions apply:

1. The apprentice contract shall remain in the status it is in at the time that the department receives the objection, until the department cancels the apprentice contract under par. (d).

2. The department shall determine whether the information provided by the complainant and the objecting party supports the complainant’s allegation that another party is not complying with the terms of the apprentice contract and whether the apprentice contract should be cancelled. If the information provided is unclear or incomplete, the department shall investigate further.

3. If the department determines that the apprentice contract should be cancelled, the department shall send a cancellation notice under par. (d) and the apprentice contract is cancelled effective the date of the notice. If the department determines that the apprentice contract should not be cancelled, the department shall rescind the intent to cancel notice.

(d) Cancellation notice. If the apprentice contract is cancelled, the department shall send a written cancellation notice to the parties. Any party who objects may make a request for a hearing within 20 days from the date of the notice.

(5) Appropriate subject matter.

(a) The department shall hold a hearing if a timely request is made under sub. (3) on any complaint alleging that the provisions of the apprentice contract are not being complied with by a party to the contract. The department may not hold a hearing on complaints which consist of matters which are unrelated to the provisions of the apprentice contract.

(b) Examples of violations of the apprentice contract which may be appropriate subject matter for a hearing on a complaint to the department under this chapter may include any of the following:

1. That the employer or other party to the apprentice contract has not provided to the apprentice the proper on-the-job learning as required in the apprentice contract.

2. That the employer or other party to the apprentice contract has failed to provide to the apprentice the proper related instruction as required in the apprentice contract.

3. That the employer or other party to the apprentice contract has assigned the apprentice to perform job duties which do not provide the proper on-the-job learning as required in the apprentice contract.

4. That the employer or other party to the apprentice contract has failed to pay the wages as required in the apprentice contract.

5. That the apprentice is not satisfactorily progressing in the on-the-job learning or related instruction required under the apprentice contract.

(c) Examples of matters which are unrelated to the provisions of the apprentice contract which are not appropriate subjects for a hearing by the department under this chapter may include any of the following:

1. Employee absenteeism or tardiness at work or school.