Bureau of Apprenticeship and Training repre-
sentative; and, an interview with the

particular apprentice himself, who should
have evidence of his registration with him.

406-4 Effective Date of Registration for Enforcement Purposes:

406-4.1 For contract enforcement purposes, a worker
will be considered a bona fide apprentice
from the date of indenture execution provided
the date of approval by the Craft's Joint
Apprenticeship Committee and the State agency
registration date are within 30 days of the
indenture's execution and provided further
that the State law does not require otherwise.

406-4.2 If the State agency's approval or registration is not within 30 days of the date of the

406-4.3

execution of the indenture, then the Committee's
approval date will be accepted provided the
State agency approves or registers the indenture
within 30 days of the Committee's approval date.
In the event these periods are not observed,
the State agency's registration date will control.

In instances where State regulations require individual indenture registration or approval as a condition precedent to bona fide apprenticeship training, such approval or registration date by the State official or his duly designated respresentative is conclusive.

406-4.4

In instances where individual registration is
made directly with a Bureau of Apprenticeship
and Training representative who has authority
to execute the indenture and State approval
is not required, the Bureau of Apprenticeship
and Training date shall be accepted as
controlling.

406-5 Contracting Agency's Responsibilities and Duties: As in the case of the other contract provisions, direct responsibility for enforcement of the limitation with respect to the employment of apprentices rests on the contracting officer. The State highway department, as contracting agency, is responsible for insuring that: 406-5.1 The Standard "apprentice" clause is contained in all contracts and subcontracts issued pursuant to the prosecution of a Federal-aid project;

406-5.2

Contractors who propose to employ apprentices
are participating in an approved and registered
training program;

406-5.3 Only bona fide apprentices are employed on the

project;

406-5.4 The contractor or subcontractor furnishes

written evidence of the registration of his
program and apprentices as well as of the
appropriate ratios and wage rates, prior to
using any apprentices on the contract work.

406-6 Limitations of Contracting Officer's Responsibilities: The contracting officer has no responsibility to determine whether or not the apprentice is receiving the training called for by the program under which he is registered. The actual policing of the apprenticeship training program is the responsibility of the Labor-Management Apprenticeship groups and the Bureau of Apprenticeship and Training of the Department of Labor.

406-7 "Laborers," "Helpers," and "Apprentices":

406-7.1

406-7.2

Distinguished:

(a)

(b)

(c)

Laborers are generally defined as pick
and shovelmen.

Helpers are generally defined as those
who assist craftsmen in certain trades
by passing tools to them and assisting
the journeymen in the unskilled phases
of his work.

Apprentices, in relation to laborers and
helpers, consistent with their period level
of training, perform all unskilled work,
passing of tools, etc.; through to the
work of a finished mechanic under the
supervision of the journeymen.

Classification: Certain crafts traditionally
have used laborers or helpers for journeymen
training before apprenticeship training pro-
grams were started. This practice is continued
today in certain geographic and craft trade areas.
The use of helpers at rates below the minimum
wage rates for journeymen, when such subminimum
rates were not predetermined by the Secretary
of Labor or allowed by reclassification, is normally
a violation. The use of helpers where apprentice's
wages are determined is not authorized since the
apprentice is recognized as the individual who is

406-7.2 Continued

to perform the less skilled craft work of his training period level. From an enforcement viewpoint, however, the problem is resolved by the prevailing wage decision. For example, in geographic areas where helpers or laborers are recognized subclassifications to crafts, they will be included in the applicable wage decision as such and become a part of the contract.

406-3.1

406-8.2

Rule: The allowable ratio of apprentices to skilled workers permitted to work on a covered project or job shall not be greater than the ratio allowed the contractor as to his entire work force.

General: Disproportionate employment of
apprentices, or employees labeled as appren-
tices, would defeat the purpose of the pre-
vailing wage rate legislation based on a
craft classification system as required by
the Davis-Bacon Act and related Acts.
Unregistered apprentices are, of course,
clearly in violation of the Act. However, on
jobs employing bona fide registered apprentices,
the contracting officer must insure that the
allowed employment ratio of apprentices to
journeymen is not exceeded. The ratio which
is allowed must be maintained on an individual
covered job basis in conformity with the
apprenticeship agreement recognized by the
Department of Labor.

406-8.3

406-8.4

Temporary Exceeding of Ratios: Occasions will
arise in the course of a job when the allowable
ratio may be exceeded temporarily without
necessarily requiring enforcement action in
the form of assessing restitution. For example,
contractors under a bona fide program may on
a particular day or days be performing certain
types of work required of apprentices, but not
always available for their instruction. In line
with basic apprenticeship goals, there would be
no objection to the contracting officer or his
equivalent allowing the contractor to retain
excess apprentices for that limited period in
order that they might profit by this unusual
work experience. Likewise, if a contractor who
generally has been found in compliance with the
apprenticeship requirements should on an occasion
be found temporarily and in apparent good faith
to have exceeded the allowable ratio, possibly
through circumstances beyond his control, there
would be no objection to taking a non-enforce-
ment stand as to restitution provided the con-
tractor promptly corrected his ratio imbalance.
Such variances should be closely scrutinized
and doubtful cases referred to the Office of
Chief Counsel for guidance or approval of the
proposed compliance action.

Evidence of Apprentice Ratio: The contractor
or subcontractor is required by the construction
contract to furnish written evidence to the
contracting officer of the appropriate ratios
and wage rates prior to using any apprentices
on the contract work.