Chapter DWD 295

DWD 295.05 History 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 DWD 295.06 Effect of bargaining agreements.

DWD 295.06(1) (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.

DWD 295.06(2) (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.

DWD 295.06 History 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 DWD 295.07 Apprentice contract.

DWD 295.07(1) (1) All apprentice contracts shall be made upon the forms provided by the department.

DWD 295.07(2) (2) No apprentice contract shall be considered in force unless it has had the approval of the department.

DWD 295.07(3) (3) The apprentice contract shall contain, explicitly or by reference, all of the following information:

DWD 295.07(3)(a) (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.

DWD 295.07(3)(b) (b) The date of birth of the apprentice, and, on a voluntary basis, the social security number of the apprentice.

DWD 295.07(3)(c) (c) Contact information of the program sponsor and the department.

DWD 295.07(3)(d) (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.

DWD 295.07(3)(e) (e) A statement showing all of the following:

DWD 295.07(3)(e)1. 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.

DWD 295.07(3)(e)2. 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.

DWD 295.07(3)(f) (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.

DWD 295.07(3)(g) (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.

DWD 295.07(3)(h) (h)

DWD 295.07(3)(h)1. 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.

DWD 295.07(3)(h)2. 2. During the probationary period, apprentice contracts are voidable by any party to the contract upon written notice to the department.

DWD 295.07(3)(h)3. 3. After the probationary period, the apprentice contract may be cancelled consistent with this chapter.

DWD 295.07(3)(i) (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.

DWD 295.07(3)(j) (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.

DWD 295.07(3)(k) (k) Contact information of the department when the controversies or differences cannot be resolved locally.

DWD 295.07(3)(L) (L) A statement of advance standing including work and related instruction wages shall be commensurate for the credit granted or an amendment thereto.

DWD 295.07(4) (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.

DWD 295.07(5) (5) The terms of an existing apprentice contract may be modified subject to approval of the department.

DWD 295.07 History 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 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.

DWD 295.08 History 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 DWD 295.10 Family-owned construction business.

DWD 295.10(1) (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.

DWD 295.10(2) (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.

DWD 295.10(3) (3) This section may not be used by a family-owned construction business to replace an apprentice already registered and assigned to the business.

DWD 295.10(4) (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.

DWD 295.10 Note 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.

DWD 295.10 History 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 DWD 295.15 Criteria for apprenticeable occupations.

DWD 295.15(1) (1) Duties of the department.

DWD 295.15(1)(a) (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.

DWD 295.15(1)(b) (b) The department shall maintain a list of approved apprenticeable occupations.

DWD 295.15(2) (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:

DWD 295.15(2)(a) (a) Involves skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning.

DWD 295.15(2)(b) (b) Is clearly identified and commonly recognized throughout an industry.

DWD 295.15(2)(c) (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.

DWD 295.15(2)(d) (d) Requires related instruction to supplement the on-the-job learning.

DWD 295.15 History 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 DWD 295.20 Enforcement of indenture agreements.

DWD 295.20(1) (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.

DWD 295.20(2) (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.

DWD 295.20(3) (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.

DWD 295.20(4) (4) Notice.

DWD 295.20(4)(a) (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.

DWD 295.20(4)(b) (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).

DWD 295.20(4)(c) (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:

DWD 295.20(4)(c)1. 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).

DWD 295.20(4)(c)2. 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.

DWD 295.20(4)(c)3. 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.

DWD 295.20(4)(d) (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.

DWD 295.20(5) (5) Appropriate subject matter.

DWD 295.20(5)(a) (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.

DWD 295.20(5)(b) (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:

DWD 295.20(5)(b)1. 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.

DWD 295.20(5)(b)2. 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.

DWD 295.20(5)(b)3. 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.

DWD 295.20(5)(b)4. 4. That the employer or other party to the apprentice contract has failed to pay the wages as required in the apprentice contract.

DWD 295.20(5)(b)5. 5. That the apprentice is not satisfactorily progressing in the on-the-job learning or related instruction required under the apprentice contract.

DWD 295.20(5)(c) (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:

DWD 295.20(5)(c)1. 1. Employee absenteeism or tardiness at work or school.

DWD 295.20(5)(c)2. 2. Employee use of drugs or alcohol on the job at work or school.

DWD 295.20(5)(c)3. 3. Insubordination.

DWD 295.20(5)(c)4. 4. Refusal to perform work as assigned.

DWD 295.20(5)(c)5. 5. Employee violations of the employer’s printed work rules.

DWD 295.20(5)(d) (d) If the department’s investigation reveals that the dispute between the apprentice and the employer or other party to the apprentice contract is unrelated to the provisions of the apprentice contract, the department may cancel the apprentice contract.

DWD 295.20(6) (6) Hearing procedures.

DWD 295.20(6)(a) (a) When the department sets a date for a hearing, it shall notify each party to the apprentice contract at least 20 days prior to the date of the hearing.

DWD 295.20(6)(b) (b) The person appointed by the department as the hearing examiner may not be any person who has participated in an initial investigation of the complaint.

DWD 295.20(6)(c) (c) The hearing examiner shall limit the hearing to the appropriate subject matter under sub. (5).

DWD 295.20(6)(d) (d) The person making the complaint shall present evidence at the hearing to support the allegations in the complaint. If the person making the complaint fails to appear at the hearing without good cause or refuses to present evidence to support the allegations in the complaint, the hearing examiner may dismiss the complaint.

DWD 295.20(6)(e) (e) The hearing examiner is not bound by the strict statutory or common law rules of evidence. Evidence shall be admitted as provided in s. 227.45, Stats.

DWD 295.20(6)(f) (f) The hearing shall be transcribed. Any party may obtain a copy of the transcript by purchasing a copy from the transcription agency.

DWD 295.20(6)(g) (g) At the conclusion of the hearing, the hearing examiner shall make written findings and orders and serve them upon the parties. The hearing examiner may make orders to enforce the apprentice contract, order penalties as provided in s. 106.01, Stats., cancel the apprentice agreement, or dismiss the complaint.

DWD 295.20(6)(h) (h) If the hearing examiner finds that a penalty as provided in s. 106.01, Stats., is appropriate, the department may request the attorney general to seek a court order directing the party to pay the penalty. If any party fails to comply with an order of the hearing examiner, the department may request the attorney general to seek enforcement of the order or penalty in the circuit court.

DWD 295.20(6)(i) (i) The decision of the hearing examiner is the final order of the department. Any party may seek judicial review of an order of the hearing examiner, as provided in ch. 227, Stats.

DWD 295.20(7) (7) Cancellation. This section does not apply to the request of either party that an apprentice contract be cancelled during the probationary period specified in the apprentice contract.

DWD 295.20 History History: Cr. Register, May, 1981, No.305, eff. 6-1-81; correction in (5) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; CR 07-010: am. (1), (4) (a), (b), (c), and (d), (5) (a), (b), and (f) and (6), r. (2), r. and recr. (3), Register June 2007 No. 618, eff. 7-1-07; CR 10-073: am. (1), cr. (2), (3), renum. (3), (4), (5), (6) to be (4), (5), (6), (7) and am. Register November 2010 No. 659, eff. 12-1-10; correction in (2) (title), (3) (title) made under s. 13.92 (4) (b) 2., Stats., Register November 2010 No. 659; CR 14-032: am. (4) (c) (intro.), (5) (b) (intro.), 1. to 4., (c) (intro.), 1. to 4. Register May 2015 No. 713, eff. 6-1-15.

DWD 295.21 DWD 295.21 Deregistration of a registered program.

DWD 295.21(1) (1) Types of deregistration. Deregistration of a program may be effected upon the voluntary action of the sponsor by submitting a request for cancellation of the registration in accordance with sub. (2), or upon reasonable cause, by the department instituting formal deregistration proceedings in accordance with sub. (3).