This rule has been repealed.

As used in this subchapter, the following definitions apply:

(1) "Apprenticeship agreement" has the meaning provided for by 39-6-105, MCA.

(2)  "Apprenticeship articulation agreement" means an agreement between a pre-apprenticeship program and a registered apprenticeship program that defines the steps required for a pre-apprenticeship program participant to enter a registered apprenticeship program.

(3) "Department" means the Montana Department of Labor and Industry, as provided for by 2-15-1701, MCA. The department is the state apprenticeship agency.

(4)  "Pre-apprenticeship" means a department-recognized workforce training program endorsed by one or more registered apprenticeship sponsors that focuses on educating and training program participants to achieve at least minimum qualifications for entry into registered apprenticeship programs upon completion.

(5) "Registered apprentice" means an individual whose apprenticeship agreement has been officially recognized and registered with the department.

(6) "State apprenticeship advisory council" means the advisory body designated by the department pursuant to ARM 24.21.205. The term "State Apprenticeship Council" as defined by 29 CFR 29.2 shall be interpreted to refer to the same body.

(7) "State apprenticeship and training program" means the organizational unit of the department described in ARM 24.21.202.

This rule has been repealed.

(1) There exists with the department's workforce services division an office which operates the state's apprenticeship and training program. The office functions as Montana's state apprenticeship agency and state office for apprenticeship, as those terms are used within 29 CFR part 29, subpart A. The office is organized as the apprenticeship and training program within the 21st century workforce technology, apprenticeship, and training bureau of the workforce services division of the department.

(2) The state apprenticeship and training program is responsible for:

(a) the approval of apprenticeship standards;

(b) the adoption of apprentice wage rates pursuant to 39-6-108, MCA;

(c) the approval of sponsors;

(d) the registration of individual apprentices;

(e) maintaining records related to apprentice's progress and completion;

(f) providing technical assistance to sponsors;

(g) monitoring and evaluating apprentice and sponsor performance with respect to an apprenticeship program, including:

(i) requiring corrective actions when appropriate; or

(ii) terminating or cancelling an apprenticeship agreement;

(h) issuing completion certificates to apprentices as appropriate; and

(i) otherwise administering the state apprenticeship and training program, including promoting the use of apprenticeship as a means of workforce training.

(3) The state apprenticeship and training program uses the state apprenticeship advisory council established in ARM 24.21.205 in an advisory and consultative role regarding matters of interest to the program and the apprenticeship community. The apprenticeship and training program uses the state apprenticeship advisory council as an additional means of fostering dialogue and communication between the program and sponsors, apprentices, employers, industry, and educators.

(4) The state apprenticeship and training program's main office is located at the Walt Sullivan Building, 1315 Lockey Avenue, Helena, Montana, 59601.

(a) The office mailing address is P.O. Box 1728, Helena, MT 59624-1728.

(b) The office telephone numbers are:

(i) for voice calls, (406) 444-3998;

(ii) for fax transmissions, (406) 444-3037; and

(iii) for TDD/TTY calls, (406) 444-0532.

(c) The office contact e-mail address is: apprenticeship@mt.gov.

(d) The state apprenticeship and training program operates various web sites, including:

(i) http://apprenticeship.mt.gov/; and

(ii) https://montanaworks.gov/.

(1) The department shall establish on a continuing basis a state apprenticeship advisory council pursuant to the provisions of 29 CFR part 29, and in accordance with 2-15-122, MCA. The state apprenticeship advisory council is a state apprenticeship council, operating as an advisory body, within the definitions contained in 29 CFR section 29.2.

(2) Members of the state apprenticeship advisory council are appointed by the commissioner of labor and industry.

(3) The commissioner shall appoint members of the state apprenticeship advisory council that, to the greatest extent feasible:

(a) equitably reflect the geographic and social diversity of apprenticeship within the state; and

(b) equitably reflect the balance between apprentice sponsors whose members are affiliated with labor organizations and those whose members are not signatories to collective bargaining agreements.

(4) The council consists of at least 7, but not more than 25, appointed, voting members. The members must be familiar with apprenticeable occupations.

(a) The council must have an equal number of representatives of employer and employee organizations.

(b) At least one member of the council must be a public member who is not directly affiliated with an employer, a sponsor, or a labor organization. The total number of public members may not exceed the number of members who serve as a representative of an employee or an employer organization.

(c) The commissioner, or the commissioner's delegate, shall serve as an ex-officio member of the council.

(d) The department may designate appropriate individuals, such as department employees, to provide support functions for the council as needed. Such individuals are not voting members of the council, but may be given a voice at council meetings at the discretion of the council's presiding officer.

(5) Meetings of the state apprenticeship advisory council are open, public meetings within the meaning of Title 2, chapter 3, part 2, MCA.

This rule has been repealed.

(1) The department adopts and incorporates by reference the following federal regulations for use in the operation of its state apprenticeship and training program:

(a) 29 CFR section 29.2, definitions, as in effect on May 11, 2020. The department expressly excludes from this adoption the definitions of "apprentice," "apprenticeship agreement," and "department";

(b) 29 CFR section 29.3, eligibility and criteria for registration of an apprenticeship program, as in effect on May 11, 2020;

(c) 29 CFR section 29.4, criteria for apprenticeable occupations, as in effect on July 1, 2010;

(d) 29 CFR section 29.5, standards of apprenticeship, as in effect on January 18, 2017;

(e) 29 CFR section 29.6, program performance standards, as in effect on May 11, 2020;

(f) 29 CFR section 29.7, apprenticeship agreement, as in effect on January 18, 2017;

(g) 29 CFR section 29.8, deregistration of a registered program, as in effect on January 18, 2017;

(h) 29 CFR section 29.9, reinstatement of program registration, as in effect on October 29, 2008;

(i) 29 CFR section 29.10, hearings for deregistration, as in effect on July 1, 2010, except that the appellate provisions of 29 CFR section 29.10(c) will not apply to the extent they are in conflict with the judicial review provisions of the Montana Administrative Procedure Act (Title 2, chapter 4, part 7, MCA);

(j) 29 CFR section 29.11, limitations, as in effect on May 11, 2020;

(k) 29 CFR section 29.13, recognition of state apprenticeship agencies, as in effect on May 11, 2020; and

(l) 29 CFR part 30, equal employment opportunity in apprenticeship and training, as in effect on January 18, 2017.

(2) The department is not formally adopting by reference the various other portions of 29 CFR part 29 because those portions either address matters related to the internal operations of government or are otherwise addressed by the administrative rules contained in this subchapter. As an example, the provisions of 29 CFR 29.12 regarding complaint procedures, are addressed in ARM 24.21.416, and more generally under the Montana Administrative Procedure Act.

(3) Copies of the regulations incorporated by reference are available as follows:

(a) A printed copy of the regulations incorporated by reference is available for inspection and purchase at cost from the department and the U.S. Government printing office. The address for the department is listed in ARM 24.21.202. The address of the U.S. Government printing office is: U.S. Government Bookstore, 710 North Capitol Street N.W., Washington, D.C.

(b) An electronic copy of the regulations incorporated by reference is available via the internet by following the links at the following web sites:

(i) http://apprenticeship.mt.gov/ (Montana Department of Labor and Industry web site); or

(ii) https://www.ecfr.gov/cgi-bin/text-idx?SID=aa3a46a8d66797945403b9672a8ba62a&mc=true&tpl=/ecfrbrowse/Title29/29cfr29_main_02.tpl (National Archives and Records Administration web site). 

(1) In order that a standard of training be maintained and upheld for all apprenticeable occupations, before approval and registration will be granted to a program sponsor all provisions of the apprenticeship program must either meet or exceed those recognized in the immediate geographical or state wide area where applicable. These provisions apply to all those listed in ARM 24.21.411 Minimum Guidelines for Registration of Apprenticeship Programs, including wages.

(2) The department will also apply the provisions of 29 CFR part 29 that are incorporated by reference in ARM 24.21.302 to determine whether a particular apprenticeship program will be approved and registered. A new apprenticeship program proposed for registration is subject to the provisional registration provisions of 29 CFR section 29.3, as adopted by the department in ARM 24.21.302.

(3) Apprenticeship programs and standards of employers and unions which jointly form a sponsoring entity on a multi-state basis and are registered pursuant to all requirements of Title 29 Code of Federal Regulations, Part 29 as in effect on July 1, 2010, by any registration agency shall be accorded approval reciprocity by the state apprenticeship and training program, if such reciprocity is requested by the sponsoring entity. An apprenticeship program must comply with Montana's statutes and administrative rules, including but not limited to:

(a) the applicable ratio requirements; and

(b) the apprenticeship wage rates established pursuant to 39-6-108, MCA.

(2) The state apprenticeship and training program may withdraw the registration of an apprenticeship program ("deregister the apprenticeship program") if the apprenticeship program does not comply with the requirements of the applicable statutes or administrative rules. Registration may not be withdrawn before the program sponsor is afforded notice and an opportunity to be heard.

(3) Notice and an opportunity to be heard will be afforded pursuant to the provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, and in accordance with the hearings provisions of ARM 24.21.416.

(4) For good cause shown, a person directly affected by a proposed withdrawal of registration of an apprenticeship program may intervene in a proceeding provided for by (3).

(1) Programs submitted for approval and/or registration by the apprenticeship and training program (registration agency) , Department of Labor and Industry, must contain the following:

(a) Provision that the starting age of an apprentice may not be less than 16.

(b) Statement of basic qualifications for apprenticeship: specific and applying equally to all applicants.

(c) Provision for compliance with 29 CFR part 30, which includes the Montana state plan for equal employment opportunity in apprenticeship.

(d) Provision that the term of apprenticeship is consistent with industry practice, but in no case less than 2,000 hours of reasonably continuous employment, which must include supplementary instruction except as otherwise provided by Montana state law.

(e) A schedule of work processes in which the apprentice will receive work experience and training on the job, and the allocation of the approximate amount of time to be spent in each major process or division of the trade.

(f) Provision for proper supervision of on-the-job training.

(g) A progressively increasing schedule of wages for apprentices. The entry wage must equal or exceed the Montana Minimum Wage Law or Fair Labor Standards Act minimum where applicable.

(h) Provision for the payment of wages that are consistent with the requirements of 39-6-108 , MCA, if the apprenticeship is in a building construction occupation.

(i) Provision for organized related and supplemental instruction. This may include supervised correspondence or self-study courses as approved by state law. A minimum of 144 hours each year of apprenticeship is recommended.

(j) A statement of the ratio of apprentices to journeymen. The registration agency will continue to honor and recognize ratio provisions as established in existing labor/management bargaining agreements or as established by an industry practice. The registration agency may waive ratio standards for apprenticeship sponsors who can demonstrate the need for a waiver due to labor shortages or other reasons deemed sufficient by the registration agency.

(k) Provision for periodic evaluation of the apprentice's progress, both in job performance and related instruction; and the maintenance of appropriate progress records.

(l) Provision for evaluation of and granting credit for previous experience.

(m) Provision for safety training for apprentices, both on the job and in related instruction.

(n) Provision that apprentices will be under a written agreement with their employer, or with an employers association, or a joint apprenticeship committee pursuant to state apprenticeship laws and regulations.

(o) Identification of the registration agency by whom apprentices, apprenticeship programs and subsequent amendments thereto will be approved and recorded.

(p) Provisions for notifying the registration agency of all actions affecting apprenticeship, such as new hires, completions, suspensions, and cancellations.

(q) Provision for employer-employee cooperation where a bargaining agreement exists, except where no participation has been evidenced or practiced by the bargaining agent. Where there is employer and employee participation it may be demonstrated by one or more of the following:

(i) Appropriate provisions in the bargaining agreement.

(ii) Signature to the standards.

(iii) Letter from each indicating agreement to the programs.

(iv) Establishment of a joint apprenticeship committee.

(r) Provision for recognition of successful completion. Recognition is acknowledged by a Certificate of Completion of Apprenticeship.

(s) Provision addressing the sponsor's responsibility to the apprentice and the public regarding safety, training quality and ensuring acceptable practices performed by the apprentice.

(2) The standards must conform to the requirements of 29 CFR section 29.5, as adopted by the department in ARM 24.21.302.

(1) An apprenticeship sponsor shall make reasonable efforts to encourage apprentices to complete the apprenticeship program.

(2) Before an apprenticeship sponsor may indenture a new apprentice, the sponsor shall offer to rehire any apprentice that had worked for the sponsor, but had been laid off or terminated without good cause.

(a) The registration agency may reject apprenticeship agreements submitted by apprenticeship sponsors who fail to provide proof of having offered to rehire apprentices that were laid off or terminated without good cause.

(b) An apprenticeship sponsor may demonstrate it had good cause for not rehiring a former apprentice. Good cause for not rehiring includes, but is not limited to:

(i) an offer of rehiring that is rejected by the former apprentice, if such offer is reasonable;

(ii) the former apprentice is unavailable for work within a reasonable period of time as determined by the circumstances or the rehiring; or

(iii) the former apprentice cannot be located after a diligent search by the apprenticeship sponsor.

(c) The following are examples of reasons that do not constitute good cause for not rehiring a former apprentice:

(i) the sponsor's inability to pay the former apprentice at the level which is appropriate for the training and education completed by that apprentice;

(ii) the rejection by the former apprentice of an offer for rehiring that is short term or of limited duration which is not reasonably calculated to provide employment for the former apprentice through the remainder of the apprenticeship program;

(iii) the rejection by the former apprentice of an offer for rehiring having conditions that require violation of the terms of the apprenticeship agreement and/or apprenticeship standards; or

(iv) the rejection by the former apprentice of an offer for rehiring which imposes conditions that require an apprentice to knowingly assist or participate in illegal activity.

This rule has been repealed.

This rule has been repealed.

(2) Upon receipt of a complaint, or discovery of a possible violation of an apprenticeship agreement or standard, the registration agency shall:

(a) screen the complaint or possible violation for proper jurisdiction;

(b) attempt to resolve the dispute informally at the earliest opportunity and if a complaint cannot be resolved, the registration agency, program sponsor, the complainant or a representative of the complainant must formally file a signed written complaint with the registration agency within 30 business days of the alleged violation;

(c) provide notice within ten business days of receipt of a complaint or possible violation to the program participant against whom a complaint or possible violation is directed;

(d) solicit a response to the complaint or possible violation from the program participant against whom the complaint or possible violation is directed;

(e) complete the investigation within 30 business days after the signed written complaint is filed, unless all parties to the complaint request a reasonable extension of the time for completion of the investigation; and

(f) within 15 business days of the completion of the investigation, issue to all parties to a complaint a written determination regarding the merits of the complaint or violation and include an appropriate remedy.

(3) Program participants are considered to be in "good standing" and in compliance with their registered apprenticeship standards during an investigation process unless a participant is determined or proven to be:

(a) noncompliant with state or federal laws, rules or regulations governing the employment of an apprentice in work performed pursuant to a Montana apprenticeship agreement; or

(b) noncooperative in providing the program with requested information directly related to an investigation of a complaint.

(4) A party dissatisfied with a determination issued pursuant to (2) may request a redetermination from the registration agency within 20 business days of the mailing of the determination.

(5) A party dissatisfied with a re-determination may request a contested case hearing by filing an appeal within 20 calendar days following the mailing of the redetermination. A contested case hearing must be conducted in accordance with the procedures set forth in 2-4-601 , MCA.

(6) A party dissatisfied with the final agency decision issued following a contested case hearing may seek judicial review within 30 calendar days after service of the final agency decision as set forth in 2-4-701 , MCA, et seq.

(1) 29 CFR part 30 is a federal regulation which was implemented by the Apprenticeship Bureau to retain federal recognition as the apprenticeship regulatory agency. The Apprenticeship Bureau has drawn up a state plan entitled "Equal Employment in Apprenticeship." Copies of the final approved state plan, effective January 2020, are available and can be accessed electronically at apprenticeship.mt.gov. The text of the plan is omitted because it is cumbersome and inexpedient. Printed copies are available at no cost and may be obtained at the Apprenticeship Bureau office.

This rule has been repealed.

(2) The state apprenticeship and training program will work with interested program sponsors to develop appropriate benchmarks and competency testing that will apply to the sponsor's apprenticeship program.

(3) Competency testing will not be recognized for a given apprentice until the benchmarks and testing protocols are incorporated into the apprenticeship program's standards.

(1) An employer may submit an application to the department to claim the apprenticeship tax credit after an apprentice has completed the state apprenticeship and training program's probationary period or after the apprentice has worked for six months, whichever is earlier. An application must be for an active apprentice registered with the state apprenticeship and training program.

(2) The department may approve the credit for an apprentice for a total of up to five years, upon verification by the state apprenticeship and training program that the apprentice has timely progressed towards completion of the requirements called for in the apprenticeship agreement.

(3) If an apprentice works for more than one employer in a calendar year, the primary employer will be approved for the credit. A primary employer is the employer who has provided at least 51 percent of the registered program's training hours for that apprentice or has paid the majority of wages to the apprentice during their apprenticeship period.

(4) Any employer claiming the tax credit for a veteran apprentice shall obtain and keep a record of documentary proof that the apprentice is a veteran. The employer is responsible for obtaining that proof. The employer shall represent to the department whether an apprentice is a veteran for purposes of applying for the credit.

(5) The department will issue letters of approval or denial of the tax credit to the employer in the month of December. The department will forward a list of all approved credits to the Department of Revenue, including information on which employers are entitled to a credit for employment of a veteran.

This rule has been repealed.

(a) A journeyworker or master must be assigned to the job site and be able to give direction and check the work of the apprentice except during absences as required in the scope of business and otherwise provided in this chapter.

(2) Except as otherwise provided in this chapter, an apprentice may not work without the supervision of a journeyworker or master while engaging in an activity covered by the apprenticeship agreement or registered apprenticeship standards of the sponsor.

(3) Sponsors employing apprentices in occupations that require a residential focus may work an apprentice in areas of experience with limited supervision based on prior performance and a demonstration of competency.

(4) An apprentice who has completed no less than 70 percent of the apprentice's required term and is completely current with related instruction may work with limited supervision. The apprentice's work must be physically examined on a daily basis by a journeyworker or master for correctness.

(5) During the last 20 percent of the apprenticeship term, an apprentice who is completely current with required related instruction may work without supervision, provided that the apprentice's work will be physically examined weekly by a journeyworker or master, and provided that the apprentice's prior performance demonstrates sufficient competence to perform the work.

(1) The apprentice-to-journeyman ratio may not exceed two apprentices supervised by one journeyman.

(2) An apprentice that has completed 60 percent or more of the on-the-job training hours and 60 percent or more of the related instruction in an apprenticeship program is not counted for purposes of the apprentice-to-journeyman ratio provided for in (1).

(3) The apprentice-to-journeyman ratio applies to individual work sites as well as the entire firm or operation of the registered apprenticeship sponsor.

(4) In order to prevent abuse of the apprentice-to-journeyman ratio, the department will monitor the progress toward completion of all apprentices who have reached the 60 percent completion criteria provided for in (2).

(a) An apprentice that does not, without good cause, maintain significant progress towards completion of the apprenticeship will be suspended from the apprenticeship program. Not maintaining significant progress, for the purpose of this rule, means that the apprentice's number of hours of related instruction and number of hours of experience are less than 90 percent of the number of hours provided for in the apprenticeship standards, relative to the amount of time the apprentice has been working. An apprentice that is notified by the department of insufficient progress has 60 days in which to catch up to the number of hours of related instruction and work experience before being suspended.

(b) An apprenticeship sponsor who fails, without good cause, to have at least a 60 percent rate of apprentices that timely complete the apprenticeship will be subject to restrictions on the sponsor indenturing new apprentices, and may be subject to deregistration as an apprenticeship sponsor.

(c) As a general practice, the apprentice-to-journeyman ratio may not ordinarily be more than one apprentice to one journeyman, notwithstanding the provisions of (2). A ratio of more than one-to-one may be allowed in the special case of a shop with a single working master with no journeyman employees, or in the event of a separation from employment by a journeyman employee that temporarily creates a more than one-to-one ratio.

(d) An apprentice who is aggrieved by a suspension, or a sponsor who is aggrieved by a restriction or deregistration may request in writing a contested case within 30 days of the department's action of suspension, restriction, or deregistration.

This rule has been repealed.

(1)  A workforce training program may submit written materials to the department for recognition as a pre-apprenticeship program.  Materials may be mailed to the Montana Registered Apprenticeship Program, P.O. Box 1728, Helena, Montana 59624; or e-mailed to Apprenticeship@mt.gov.  The materials must include: 

(a)  a completed application available from the department's web site at apprenticeship.mt.gov;

(b)  details of the workforce training program, including required classes, training, hour and/or credit requirements, and estimated time required to complete the program;

(c)  a description of the workforce training program's coordination with an existing registered apprenticeship program(s); and

(d)  a description of how the workforce training program will prepare participants to enter an existing registered apprenticeship program.

(2)  The department shall evaluate completed requests for recognition as they are received.

(1)  The department shall evaluate each workforce training program on a case-by-case basis due to the wide variety of occupations involved in the department's registered apprenticeship program.  The department may consider any relevant information when reviewing the program's recognition application. 

(2)  In addition to the application requirements in ARM 24.21.1201, the department may consider the following, as appropriate, when evaluating a workforce training program for recognition: 

(a)  the incorporation of safety training in all aspects of the program;

(b)  the incorporation of interpersonal or "soft skills";

(c)  the incorporation of traditional education concepts, such as reading, writing, and basic math, as those skills apply to the apprenticeship program; and

(d)  the participant engagement strategy, specifically including how the program will work to recruit and retain participants from underrepresented populations including, but not limited to, women, minorities, veterans, justice-connected individuals, at-risk youth, and individuals with disabilities.

(3)  The department shall provide the workforce training program with written notice if they are approved for recognition.

(4)  If a program is not approved for recognition, the department shall provide a written explanation to the program explaining why the program was not approved for recognition.  The program may reapply for recognition three months after the department serves the written explanation of why the program was not approved for recognition.

(1)  When a workforce training program is approved for recognition by the department, the program may enter into an apprenticeship articulation agreement with a department-approved registered apprenticeship.  

(a)  The apprenticeship articulation agreement must include the following:  

(i)  be signed by representatives of both the workforce training program and the registered apprenticeship's sponsor employer;

(ii)  clearly define the requirements for the pre-apprenticeship program; and

(iii)  clearly define the effective dates of the agreement, not to exceed three years; and

(b)  An apprenticeship articulation agreement may allow, but is not required to allow, participants who successfully complete the pre-apprenticeship program to have direct-entry options or application preference into the corresponding registered apprenticeship.

(2)  A copy of the signed apprenticeship articulation agreement must be filed with the department.  When a completed apprenticeship articulation agreement is filed with the department:

(a)  the department shall list recognized pre-apprenticeship programs on the department's registered apprenticeship web site;

(b)  parties to an apprenticeship articulation agreement shall submit a participant progress report on an annual basis on forms provided by the department; and

(c)  the sponsor employer may employ one pre-apprentice, who shall not be counted towards the traditional apprentice ratio under ARM 24.21.1003, for a period of not more than 100 days from January 1 through December 31 of a single calendar year.

(1)  A workforce training program that is approved for recognition may reapply for continued recognition at the end of the term of the apprenticeship articulation agreement on forms provided by the department.  The reapplication shall include the number of participants who have completed the program, the number of participants currently enrolled in the program, any updates to the program, and curriculum. 

(2)  The department reserves the right to discontinue recognition under this rule of any workforce training program upon request of the program, or if the department determines that the program is not operating in a manner consistent with the program's application or any applicable law.  The department shall consider evidence of a program not complying with the application or applicable law to be a dispute pursuant to ARM 24.21.416(1), and the department shall follow the procedure of ARM 24.21.416 and the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA. 

This rule has been repealed.