The Signatory Wall and Ceiling Contractors Alliance (SWACCA) submitted comments on the Labor Department Employment and Training Administration’s (ETA) proposed rule entitled, “Prohibiting Illegal Discrimination in Registered Apprenticeship Programs.”
In its letter, SWACCA explains that the organization generally supports the proposed rule’s effort to modernize and streamline current regulations governing Equal Employment Opportunity (EEO) and affirmative action programs (AAPs) for registered apprenticeship programs codified at 29 CFR part 30. However, SWACCA requested additional clarification on the limits of ETA’s push for national uniformity and clear guidance to ensure the continuity of existing registered apprenticeship programs if some State Apprenticeship Agency (SAA) jurisdictions refuse to conform their EEO standards for apprenticeship programs to any final rule.
To that end, SWACCA encouraged ETA to provide guidance on how it will address situations in which a registered apprenticeship sponsor is subject to conflicting federal and state requirements, which may arise where an SAA state maintains nondiscrimination provisions that go beyond the streamlined federal standard and place sponsors in a regulatory bind. SWACCA explained that failing to establish clear and prompt processes to address these conflicts not only burdens sponsors but also risks undermining the Trump Administration’s stated goal of expanding the registered apprenticeship system to one million active apprentices.
Additionally, SWACCA cautioned against any mandates for nationwide standardization in areas outside the scope of Part 30, explaining that apprenticeship wages must be calibrated to the local labor markets to remain viable for both sponsors and apprentices. SWACCA explained that if ETA required uniform apprenticeship wage schedules nationwide, wages could be set too high for rural states with lower costs of living, discouraging employers from participating. Conversely, if wages were set too low nationally, programs in high-cost cities like New York or San Francisco would be unable to attract apprentices. To avoid confusion, SWACCA recommended that ETA affirm that nothing in its rulemaking is intended to displace or override valid state laws or policies governing apprenticeship program standards outside the scope of equal employment opportunity requirements.
The full letter is available here.