(a) The National Apprenticeship Act of 1937, section 1 (29 U.S.C. 50), authorizes and directs the Secretary of Labor “to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Office of Education under the Department of Health, Education, and Welfare * * *.” Section 2 of the Act authorizes the Secretary of Labor to “publish information relating to existing and proposed labor standards of apprenticeship,” and to “appoint national advisory committees * * *.” (29 U.S.C. 50a).
(b) The purpose of this part is to set forth labor standards to safeguard the welfare of apprentices, promote apprenticeship opportunity, and to extend the application of such standards by prescribing policies and procedures concerning the registration, for certain Federal purposes, of acceptable apprenticeship programs with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship. These labor standards, policies and procedures cover the registration, cancellation and deregistration of apprenticeship programs and of apprenticeship agreements; the recognition of a State agency as an authorized agency for registering apprenticeship programs for certain Federal purposes; and matters relating thereto.
[73 FR 64425, Oct. 29, 2008, as amended at 85 FR 14386, Mar. 11, 2020; 87 FR 58287, Sept. 26, 2022]
Notes of Decisions
Indep. Training & Apprenticeship Prog. v. California Dep't of Indus. Relations, 730 F.3d 1024 (9th Cir. 2013).
· cites it 2× “” 29 C.F.R. § 29.1 (b). In turn, “Federal purposes” is defined as: any Federal contract, grant, agreement or arrangement dealing with apprenticeship; and any Federal financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference or right…”
Associated Builders & Contractors v. Perry, 817 F. Supp. 49 (E.D. Mich. 1992).
· cites it 2× “” 29 C.F.R. § 29.1 (b). The implementing regulations state that their purpose is “to set forth labor standards to safeguard the welfare of apprentices, and to extend the application of such standards by prescribing certain policies and procedures concerning the registration, for…”
Dillingham Constr. N.A., Inc. v. Cnty. of Sonoma, 778 F. Supp. 1522 (N.D. Cal. 1991).
“29 C.F.R. § 29.1 . Preemption of the state approval requirement would unquestionably impair the purposes of the Fitzgerald Act and its regulations within the meaning of ERISA’s savings clause.”
Citrin v. Erikson, 911 F. Supp. 673 (S.D.N.Y. 1996).
“§ 50 ; 29 C.F.R. § 29.1 ; JATC, 984 F.2d at 589.”
Elec. Jt. Apprenticeship Comm. v. MacDonald, 949 F.2d 270 (9th Cir. 1991).
“29 C.F.R. § 29.1 . The BAT is authorized to certify apprenticeship standards and to register and approve local apprenticeship programs and apprenticeship agreements for federal purposes.”
Worth & Co. v. Getzie, 11 F. Supp. 3d 484 (E.D. Pa. 2014).
“29 C.F.R. § 29.1 et seq. To be approved at the federal level, such an apprenticeship program must have “[a] numeric ratio of apprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment, and applicable provisions in collective…”
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