C.F.R. » Title 29 » PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS

29 C.F.R. § 29.3

Eligibility and procedure for registration of an apprenticeship program

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(a) Eligibility for registration of an apprenticeship program for various Federal purposes is conditioned upon a program's conformity with the apprenticeship program standards published in this part. For a program to be determined by the Secretary as being in conformity with these published standards, the program must apply for registration and be registered with the Office of Apprenticeship or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. The determination by the Secretary that the program meets the apprenticeship program standards is effectuated only through such registration.

(b) Only an apprenticeship program or agreement that meets the following criteria is eligible for Office of Apprenticeship or State Apprenticeship Agency registration:

(1) It is in conformity with the requirements of this part and the training is in an apprenticeable occupation having the characteristics set forth in § 29.4; and

(2) It is in conformity with the requirements of the Department's regulation on Equal Employment Opportunity in Apprenticeship and Training in 29 CFR part 30, as amended.

(c) Except as provided under paragraph (d) of this section, apprentices must be individually registered under a registered program. Such individual registration may be affected:

(1) By filing copies of each individual apprenticeship agreement with the Registration Agency; or

(2) Subject to prior Office of Apprenticeship or recognized State Apprenticeship Agency approval, by filing a master copy of such agreement followed by a listing of the name, and other required data, of each individual when apprenticed.

(d) The names of persons in probationary employment as an apprentice under an apprenticeship program registered by the Office of Apprenticeship or a recognized State Apprenticeship Agency, if not individually registered under such program, must be submitted within 45 days of employment to the Office of Apprenticeship or State Apprenticeship Agency for certification to establish the apprentice as eligible for such probationary employment.

(e) The appropriate Registration Agency must be notified within 45 days of persons who have successfully completed apprenticeship programs; and of transfers, suspensions, and cancellations of apprenticeship agreements and a statement of the reasons therefore.

(f) Operating apprenticeship programs, when approved by the Office of Apprenticeship, are accorded registration evidenced by a Certificate of Registration. Programs approved by recognized State Apprenticeship Agencies must be accorded registration and/or approval evidenced by a similar certificate or other written indicia. When approved by the Office of Apprenticeship, National Apprenticeship Guideline Standards for policy or guidance will be accorded a certificate.

(g) Applications for new programs that the Registration Agency determines meet the required standards for program registration must be given provisional approval for a period of 1 year. The Registration Agency must review all new programs for quality and for conformity with the requirements of this part at the end of the first year after registration. At that time:

(1) A program that conforms with the requirements of this part:

(i) May be made permanent; or

(ii) May continue to be provisionally approved through the first full training cycle.

(2) A program not in operation or not conforming to the regulations during the provisional approval period must be recommended for deregistration procedures.

(h) The Registration Agency must review all programs for quality and for conformity with the requirements of this part at the end of the first full training cycle. A satisfactory review of a provisionally approved program will result in conversion of provisional approval to permanent registration. Subsequent reviews must be conducted no less frequently than every 5 years. Programs not in operation or not conforming to the regulations must be recommended for deregistration procedures.

(i) Any sponsor proposals or applications for modification(s) or change(s) to registered programs or certified National Guidelines for Apprenticeship Standards must be submitted to the Registration Agency. The Registration Agency must make a determination on whether to approve such submissions within 90 days from the date of receipt. If approved, the modification(s) or change(s) will be recorded and acknowledged within 90 days of approval as an amendment to such program. If not approved, the sponsor must be notified of the disapproval and the reasons therefore and provided the appropriate technical assistance.

(j) Under a program proposed for registration by an employer or employers' association, where the standards, collective bargaining agreement or other instrument provides for participation by a union in any manner in the operation of the substantive matters of the apprenticeship program, and such participation is exercised, written acknowledgement of union agreement or no objection to the registration is required. Where no such participation is evidenced and practiced, the employer or employers' association must simultaneously furnish to an existing union, which is the collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program. The Registration Agency must provide for receipt of union comments, if any, within 45 days before final action on the application for registration and/or approval.

(k) Where the employees to be trained have no collective bargaining agreement, an apprenticeship program may be proposed for registration by an employer or group of employers, or an employer association.

[73 FR 64425, Oct. 29, 2008, as amended at 85 FR 14387, Mar. 11, 2020; 87 FR 58287, Sept. 26, 2022]
Notes of Decisions
Cited in 16 cases, 1989–2020 · leading case: California Div. of Labor Standards Enf't v. Dillingham Constr., N. A., 519 U.S. 316 (1997).
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California Div. of Labor Standards Enf't v. Dillingham Constr., N. A., 519 U.S. 316 (1997). · cites it 2× “" 29 CFR § 29.3 (1996). Since 1978, California's state apprenticeship agency, the California Apprenticeship Council (CAC), has been authorized under 29 CFR § 29.”
S. California Chapter of Associated Builders & Contractor Inc. v. California Apprenticeship Council, 841 P.2d 1011 (Cal. 1992). · cites it 4× “( 29 C.F.R. § 29.3 (1992).) The Bureau may choose to delegate its approval power to states that have enacted their own apprenticeship laws by “recognizing” a “State Apprenticeship Agency or Council” (hereafter SAC) for this purpose.”
Associated Builders & Contractors, Inc. v. Reich, 922 F. Supp. 676 (D.D.C. 1996). · cites it 5× “29 C.F.R. § 29.3 (g). Whenever a sponsor seeks the registration of an apprenticeship program in any state, it must first meet the eligibility requirements of 29 C.”
Dillingham Constr. N.A., Inc. v. Cnty. of Sonoma, 778 F. Supp. 1522 (N.D. Cal. 1991). · cites it 2× “The court also made clear that both the BAT and the federally-authorized state agencies exercise non-preempted approval functions under the Fitzgerald Act and its regulations: 29 C.F.R. § 29.3 provides for a dual system of approval and recognition so that either the BAT or the…”
Associated Builders & Contractors, Inc. v. Reich, 978 F. Supp. 338 (D.D.C. 1997). · cites it 6× “29 C.F.R. § 29.3 (g). The DOL has implemented regulations pursuant to the Davis-Bacon Act 40 U.”
Road Sprinkler Fitters Local Union 669 v. Herman, 234 F.3d 1316 (D.C. Cir. 2000). “29 C.F.R. § 29.3 (h). According to the BAT, the Board’s resolution of the pending ULP proceedings would determine whether Road Sprinkler had a continuing role in the joint apprenticeship program sufficient to trigger section 29.”
Associated Builders & Contractors, Inc. v. Herman, 166 F.3d 1248 (D.C. Cir. 1999). · cites it 2× “Nevertheless, BAT purported to justify its decision to “defer” by reference to 29 C.F.R. § 29.3 (h). Section 29.3(h), in its entirety, reads as follows: Under a program proposed for registration by an employer or employers’ association, where the standards, collective bargaining…”
Se. Sheet Metal Jt. Apprenticeship Training Fund v. Barsuli, 950 F. Supp. 1406 (E.D. Wis. 1997). “He relies in this regard upon 29 C.F.R. § 29.3 (c), which provides that “apprentices must be individually registered under a registered program”.”
Elec. Jt. Apprenticeship Comm. v. MacDonald, 949 F.2d 270 (9th Cir. 1991). · cites it 2× “29 C.F.R. § 29.3 provides for a dual system of approval and recognition so that either the BAT or the State Apprenticeship Council can approve an apprenticeship program for federal purposes.”
Frank Adkins Robert Kean Federico Montinez John D. Johnson Jerry Kahklen, Claimants-Appellants v. Trans-Alaska Pipeline Liab. Fund, 101 F.3d 86 (9th Cir. 1996). “See 29 C.F.R. § 29.3 (c) (1992). The claims process established by the Fund required a claimant to file a simple registration form setting out the claimant’s name and the nature and amount of the claim.”
Associated Builders & Contractors, Inc. v. Reich, 963 F. Supp. 35 (D.D.C. 1997). · cites it 3× “29 C.F.R. § 29.3 (g). On December 14, 1983, the BAT issued Circular 84-10 to “set forth policies regarding actions taken on requisition for approval of unilateral programs involving labor disputes.”
Associated Builders & Contractors v. Curry, 797 F. Supp. 1528 (N.D. Cal. 1992). · cites it 2× “The court also made clear that both the BAT and the federally-authorized state agencies exercise non-preempted approval functions under the Fitzgerald Act and its regulations: 29 C.F.R. § 29.3 provides for a dual system of approval and recognition so that either the BAT or the…”
Show all 16 citing cases →
— 29 C.F.R. § 29.3(h) — 3 cases
Associated Builders & Contractors, Inc. v. Reich, 922 F. Supp. 676 (D.D.C. 1996). “29 C.F.R. § 29.3 (g). Whenever a sponsor seeks the registration of an apprenticeship program in any state, it must first meet the eligibility requirements of 29 C.”
Associated Builders & Contractors, Inc. v. Reich, 978 F. Supp. 338 (D.D.C. 1997). “29 C.F.R. § 29.3 (g). The DOL has implemented regulations pursuant to the Davis-Bacon Act 40 U.”
Associated Builders & Contractors, Inc. v. Reich, 963 F. Supp. 35 (D.D.C. 1997). “29 C.F.R. § 29.3 (g). On December 14, 1983, the BAT issued Circular 84-10 to “set forth policies regarding actions taken on requisition for approval of unilateral programs involving labor disputes.”
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