Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-2 - Definitions

Current through 2024-29, July 17, 2024
As used in this regulation:
A. "Apprentice" means a person who is at
				least 16 years of age, except when a higher minimum age standard of 18 years of
				age is otherwise fixed by law or a sponsor, who is employed to learn an
				apprenticeable occupation that is approved by the Maine Apprenticeship
				Program.
B. "Apprenticeship
				Agreement" means a written agreement which conforms to standards established
				under Chapter 37 and this regulation and is entered into between an apprentice
				and either (1) an employer, (2) an association of employers, (3) an
				organization of employees, or (4) a joint committee representing employers and
				employees.
C. "Apprenticeship
				Committee" means those persons designated by the sponsor to act for it in the
				administration of the program. A committee may be "
joint
", i.e.,
				it 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) and has
				been established to conduct, operate, or administer an apprenticeship program
				and enter into apprenticeship agreements with apprentices. A committee may be
				"
unilateral
" or "
non-joint
" and shall mean a program
				sponsor in which a bona fide collective bargaining agent is not a participant;
				it includes an individual non-joint sponsor (apprenticeship program sponsored
				by one employer without the participation of a union) and group non-joint
				sponsor (apprenticeship program sponsored by two or more employers without the
				participation of a union).
D.
				"Apprenticeship Program" means a plan containing all terms and conditions for
				the qualification, recruitment, selection, employment and training of
				apprentices, as required under Maine Revised Statutes, Title 26 Chapter 37,
				including such matters as the requirements for a written apprenticeship
				agreement.
E. "Apprenticeship
				Standard" means the written document which sets forth the minimum labor
				standards required by law for training apprentices in a specified industry,
				area or plant. By reference, it is a part of the apprenticeship agreement.
				There are two basic types of standards - one providing for
joint
employer-union participation in the program and the second, referred to as
unilateral
standards, where responsibility for the apprenticeship
				is assumed by either management or organized labor, but not both. Normally,
				unilateral programs are sponsored by single employers.
F. "Bureau" means the Bureau of Employment
				Services within the Department G "Committee" means the Maine Apprenticeship
				Committee established to assist, advise and guide the Maine Apprenticeship
				Program in the operation of the State's apprenticeship program.
H "Department" means the Maine Department of
				Labor I. "Electronic media" means media that utilize electronics or
				electromechanical energy for the end user (audience) to access the content; and
				includes, but is not limited to, electronic storage media, transmission media,
				the Internet, extranet, lease lines, dial-up lines, private networks, and the
				physical movement of removable/transportable electronic media and/or
				interactive distance learning.
J.
				"Employer" means any person or organization employing an apprentice whether or
				not such person or organization is a party to an apprenticeship agreement with
				the apprentice.
K. "Maine
				Apprenticeship Program" means the Maine Apprenticeship Program administered by
				the Bureau within the Department and is the state apprenticeship agency and
				registration agency established in MRS Title 26, Chapter 37, Section 3202 that
				has the responsibility for registering apprenticeship programs and apprentices;
				providing technical assistance; conducting reviews for compliance with 29CFR
				parts 29 and 30 and quality assurance assessments.
L. "Related Instruction" means an organized
				and systematic form of instruction designed to provide the apprentice with
				knowledge of the theoretical and technical subjects related to the apprentice's
				occupation. Such instruction may be given in a classroom, through occupational
				or industrial courses, or by correspondence courses of equivalent value,
				electronic media, or other forms of self-study approved by the Maine
				Apprenticeship Program.
M.
				"Registration of an Apprenticeship Program" means the acceptance and recording
				of such program by the Maine Apprenticeship Program as meeting the basic
				standards and requirements of the Bureau for approval of such program. Approval
				is evidenced by a certificate of registration or other written
				indicia.
N. "Registration of an
				Apprenticeship Agreement" means the acceptance and recording thereof by the
				Maine Apprenticeship Program as evidence of the participation of the apprentice
				in a particular registered apprenticeship program.
O. "Sponsor" means any person, association,
				committee, or organization operating an apprenticeship program and in whose
				name the program is approved and registered.