(1) Pursuant to 29 CFR 29.12, this rule applies when both of the following criteria are met:

(a) a collective bargaining agreement, apprenticeship standards, or other instrument governing the operation of an apprenticeship program, provides for participation by a union in any manner in the formation or operation of the substantive matters of an apprenticeship program; and

(b) an employer or employers' association that is a signatory to or participant in that collective bargaining agreement, apprenticeship standard, or other such instrument, is proposing a new apprenticeship program for registration by the department.

(2) The employer or employers' association shall simultaneously furnish to the department and the union a copy of its application for registration of the proposed apprenticeship program and a copy of its proposed apprenticeship program standards.

(3) Where union participation is exercised in the program, the union must submit written acknowledgment to the department of the union's agreement with, no objection to, or other comment on the proposed new registration.

(4) Where union participation is not exercised in the program, the union may submit written acknowledgment to the department of the union's agreement with, no objection to, or other comment on the proposed new registration.

(5) The union has 30 days within which to submit its comments under (3) and (4) . The department may not approve a new program until after the 30-day deadline has passed. The department may take into account the comments of the union when deciding whether or not to approve a proposed apprenticeship program.