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: