Section 296-05-303. Apprenticeship committees—Duties and responsibilities.

(1) Apprenticeship committees are appointed according to the provisions of RCW 49.04.040 and are composed of at least four members but no more than twelve. However, the WSATC may grant exceptions to this provision.

(2) Apprenticeship committee means those persons designated by the sponsor to administer the program. A committee may be either joint or nonjoint, as follows:

(a) A joint committee is composed of an equal number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s).

(b) A nonjoint committee, which may also be known as a unilateral or group nonjoint committee (which may include employees), has employer representatives but does not have a bona fide collective bargaining agent as a participant.

(3) Chapter 49.04 RCW, these rules, and the approved standards under which a committee operates define the duties of an apprenticeship committee. Committees shall function, administer or relinquish authority only with the consent of the WSATC.

(4) A committee is responsible for:

(a) The day-to-day operations of the apprenticeship and training program;

(b) Operating the program according to WSATC approved standards;

(c) Accepting or rejecting applicants for apprenticeship or training;

(d) Registering approved applicants with the supervisor;

(e) Removing apprentices from the program as provided by the approved program standards;

(f) Informing the supervisor of any matters that affect the standing of individuals as apprentices; and

(g) Entering into agreements with other apprenticeship committees for the use of apprentices by training agents that are working outside their approved geographic area served.

The WSATC will only recognize apprentices registered with the supervisor.

(5) Committees approved by the WSATC must offer training opportunities on an equal basis to all employers and apprentices including all rights, appeals, and services available in the existing apprenticeship program. All existing committees that represent multiple employer or employer associations, except for committees that represent individual or plant programs, are expected to provide access to apprenticeship and training opportunities to employers not currently participating in the program. Those opportunities must:

(a) Ensure that apprentices work only for approved training agents;

(b) Provide training at a cost equivalent to that incurred by currently participating employers and apprentices;

(c) Grant equal treatment and opportunity for all apprentices;

(d) Offer reasonable working and training conditions and apply those conditions to all apprentices uniformly and equally;

(e) Not require an employer to sign a collective bargaining agreement as a condition of participation in an apprenticeship program;

(f) Require all employers requesting "approved training agent" status to comply with a WSATC approved agreement and all federal and state apprenticeship rules and the appropriate apprenticeship standards. (The training agent shall employ only registered apprentices when training for a given occupation);

(g) Require sponsors to approve training agent agreements and to have training agents sign a training agent agreement. The sponsor must furnish the department with a copy of the agreement and/or the list of approved training agents within thirty calendar days of committee approval; and

(h) Require sponsors who rescind "approved training agent" agreements and/or the list of approved training agents to notify the department that they have done so within thirty calendar days of said action.

(6) If an existing committee fails to or refuses to offer apprenticeship and training opportunities to all employers, the WSATC may take action to remove the restrictions to access in order to comply with the intent of chapter 49.04 RCW and these rules. Action may include, but is not limited to, the decertification of the existing committee and recognition of a new committee.

[Statutory Authority: Chapter 49.04 RCW and RCW 19.285.040. WSR 11-11-002, § 296-05-303, filed 5/4/11, effective 7/25/11. Statutory Authority: RCW 49.04.010. WSR 05-04-093, § 296-05-303, filed 2/2/05, effective 4/1/05. Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. WSR 01-22-055, § 296-05-303, filed 10/31/01, effective 1/17/02.]

Chapter 49.04 RCW and RCW 19.285.040. WSR 11-11-002, § 296-05-303, filed 5/4/11, effective 7/25/11. Statutory Authority: RCW 49.04.010. WSR 05-04-093, § 296-05-303, filed 2/2/05, effective 4/1/05. Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. WSR 01-22-055, § 296-05-303, filed 10/31/01, effective 1/17/02.