52.222-9 Apprentices and Trainees.

As prescribed in 22.407(a), insert the following clause:

Apprentices and Trainees (July 2005)

(a) Apprentices.

(1) An apprentice will be permitted to work at less than the predetermined rate for the work

performed when employed-

(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the

U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship

Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized

by the OATELS; or

(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship

program, even though not individually registered in the program, if certified by the OATELS or a

State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an

apprentice.

(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall

not be greater than the ratio permitted to the Contractor as to the entire work force under the

registered program.

(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise

employed as stated in paragraph (a)(1) of this clause, shall be paid not less than the applicable wage

determination for the classification of work actually performed. In addition, any apprentice

performing work on the job site in excess of the ratio permitted under the registered program shall

be paid not less than the applicable wage rate on the wage determination for the work actually

performed.

(4) Where a Contractor is performing construction on a project in a locality other than that in which

its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s

hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the

apprentice’s level of progress, expressed as a percentage of the journeyman hourly rate specified in

the applicable wage determination.

(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship

program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid

the full amount of fringe benefits listed on the wage determination for the applicable classification. If

the Administrator determines that a different practice prevails for the applicable apprentice

classification, fringes shall be paid in accordance with that determination.

(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws

approval of an apprenticeship program, the Contractor will no longer be permitted to utilize

apprentices at less than the applicable predetermined rate for the work performed until an

acceptable program is approved.
(b) Trainees.

(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the

predetermined rate for the work performed unless they are employed pursuant to and individually

registered in a program which has received prior approval, evidenced by formal certification by the

U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship

Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job

site shall not be greater than permitted under the plan approved by OATELS.

(2) Every trainee must be paid at not less than the rate specified in the approved program for the

trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the

applicable wage determination. Trainees shall be paid fringe benefits in accordance with the

provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees

shall be paid the full amount of fringe benefits listed in the wage determination unless the

Administrator of the Wage and Hour Division determines that there is an apprenticeship program

associated with the corresponding journeyman wage rate in the wage determination which provides

for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate

who is not registered and participating in a training plan approved by the OATELS shall be paid not

less than the applicable wage rate in the wage determination for the classification of work actually

performed. In addition, any trainee performing work on the job site in excess of the ratio permitted

under the registered program shall be paid not less than the applicable wage rate in the wage

determination for the work actually performed.

(3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be

permitted to utilize trainees at less than the applicable predetermined rate for the work performed

until an acceptable program is approved.

(c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under

this clause shall be in conformity with the equal employment opportunity requirements of Executive

Order11246, as amended, and 29 CFR Part 30.

(End of clause)

Parent topic: 52.222 [Reserved]