Derecognition of California Department of Industrial Relations and California Apprenticeship Council, 9590 [E7-3616]
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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices
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become a matter of public record.
Dated: February 26, 2007.
Emily Stover DeRocco,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. E7–3622 Filed 3–1–07; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Derecognition of California Department
of Industrial Relations and California
Apprenticeship Council
Authority: 29 U.S.C. 50, 40 U.S.C. 3141 et
seq., 29 CFR parts 29 and 30, and 29 CFR
5.5(a)(4).
Employment and Training
Administration (ETA), Labor.
ACTION: Notice.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: On January 31, 2007, the U.S.
Department of Labor (DOL)
Administrative Review Board (ARB),
acting under authority delegated by the
Secretary of Labor, issued a Final
Decision and Order that withdrew
recognition, for Federal purposes, from
the California Department of Industrial
Relations (CDIR) and the California
Apprenticeship Council (CAC), which
constitute California’s State Apprentice
Council (SAC). Therefore, under the
implementing regulations (29 CFR part
29) for the National Apprenticeship Act
(29 U.S.C. 50), the SAC no longer has
the authority to register or oversee
apprenticeship programs for ‘‘Federal
purposes.’’ Accordingly, apprenticeship
programs registered in California must
register with DOL’s Office of
Apprenticeship (OA), if they wish to
pay apprentice wages at the rates
authorized under the regulations
implementing the Davis-Bacon and
related acts. This notice sets out the
process for accomplishing the transition
from SAC registration to OA
registration, for Federal purposes.
DATES: After March 2, 2007, (30 days
after the date of the ARB’s order
withdrawing recognition of California’s
registration agency), the Department
shall cease to recognize, for Federal
purposes, each apprenticeship program
registered with the State of California,
VerDate Aug<31>2005
18:44 Mar 01, 2007
Jkt 211001
unless the program sponsor requests
registration with OA by March 2, 2007.
FOR FURTHER INFORMATION CONTACT: Mr.
Anthony Swoope, Administrator, Office
of Apprenticeship, U.S. Department of
Labor, Room N–5311, 200 Constitution
Avenue, NW., Washington, DC 20210.
Telephone: (202) 693–2796, (this is not
a toll-free number).
SUPPLEMENTARY INFORMATION: In May
2002, the Office of Apprenticeship (OA)
initiated derecognition proceedings
against the California Department of
Industrial Relations (CDIR) and
California Apprenticeship Council
(CAC) (referred to collectively as the
California State Apprentice Council
(SAC)), on the grounds that California
Labor Code section 3075(b) did not
conform to OA’s regulations at 29 CFR
part 29, because the State law
established a ‘‘needs test’’ which
limited, rather than promoted,
apprenticeship opportunity. The SAC
appealed, so the matter was assigned to
an Administrative Law Judge (ALJ) for
preliminary findings and the
preparation of a recommended decision.
In April 2005, the ALJ agreed with OA
that the ‘‘needs test’’ did not conform to
29 CFR part 29, recommending
derecognition on that ground. The
Department’s Administrative Review
Board (ARB), exercising authority
delegated by the Secretary, reviewed the
ALJ’s recommended findings and
decision. On January 31, 2007, the ARB
issued a Final Decision and Order (DOL,
Office of Apprenticeship (OA) v.
California Department of Industrial
Relations (CDIR) and the California
Apprenticeship Council (CAC), ARB
Case No. 05–093) that adopted the ALJ’s
findings, thereby completing the
agency’s derecognition process.
DOL hereby gives public notice, as
required by 29 CFR 29.13(d), that the
Department has withdrawn recognition,
for Federal purposes, from both CDIR
and CAC. The CDIR and the CAC no
longer have the authority to register or
oversee apprenticeship programs for
‘‘Federal purposes.’’ See 29 CFR 29.2(k).
Apprenticeship programs registered in
California must register with OA, if they
wish to pay apprentice wages at the
rates authorized under the regulations
implementing the Davis-Bacon and
related acts. See 29 CFR 5.5(a)(4).
As required by 29 CFR 29.13(d), OA
hereby provides notice that, after March
2, 2007 (30 days after the date of the
ARB’s order withdrawing recognition of
California’s registration agency), the
Department shall cease to recognize, for
Federal purposes, each apprenticeship
program registered with the State of
California, unless within that time, the
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
program sponsor requests registration
with OA.
OA may grant the request for
registration contingent upon its finding
that the State apprenticeship program is
operating in accordance with the
requirements of 29 CFR part 29,
pertaining to the registration of
programs and apprentices and of 29 CFR
part 30, pertaining to equal employment
opportunity. OA shall make a finding on
this issue within 30 days of receipt of
the request. If the finding is in the
negative, the State sponsor shall be
notified in writing that the contingent
OA registration has been revoked. If the
finding is in the affirmative, the State
sponsor shall be notified in writing that
the contingent OA registration is made
permanent.
As required by 29 CFR 29.13(e), if the
sponsor fails to request OA registration,
or upon a finding of noncompliance
pursuant to a contingent OA
registration, OA shall provide written
notice to such State sponsor, advising
the recipient that any actions or benefits
applicable to recognition for Federal
purposes are no longer available to
participants in its apprenticeship
program.
As required by 29 CFR 29.13(f), the
notice issued under § 29.13(e) shall also
direct the State sponsor to notify, within
15 days, all its registered apprentices of
the withdrawal of recognition for
Federal purposes; the effective date
thereof; and that such withdrawal
removes the apprentice from coverage
under any Federal provision applicable
to his/her individual registration under
a program recognized or registered by
the OA for Federal purposes.
Signed at Washington, DC this 26th day of
February 2007.
Emily Stover DeRocco,
Assistant Secretary for Employment and
Training.
[FR Doc. E7–3616 Filed 3–1–07; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Occupational Safety And Health
Administration
[Docket No. OSHA–2007–0011]
Federal Advisory Council on
Occupational Safety and Health
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for nominations.
AGENCY:
SUMMARY: The Assistant Secretary of
Labor for Occupational Safety and
Health invites interested parties to
submit nominations for membership on
E:\FR\FM\02MRN1.SGM
02MRN1
]]>Agencies
[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Notices]
[Page 9590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3616]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Derecognition of California Department of Industrial Relations
and California Apprenticeship Council
Authority: 29 U.S.C. 50, 40 U.S.C. 3141 et seq., 29 CFR parts 29
and 30, and 29 CFR 5.5(a)(4).
AGENCY: Employment and Training Administration (ETA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On January 31, 2007, the U.S. Department of Labor (DOL)
Administrative Review Board (ARB), acting under authority delegated by
the Secretary of Labor, issued a Final Decision and Order that withdrew
recognition, for Federal purposes, from the California Department of
Industrial Relations (CDIR) and the California Apprenticeship Council
(CAC), which constitute California's State Apprentice Council (SAC).
Therefore, under the implementing regulations (29 CFR part 29) for the
National Apprenticeship Act (29 U.S.C. 50), the SAC no longer has the
authority to register or oversee apprenticeship programs for ``Federal
purposes.'' Accordingly, apprenticeship programs registered in
California must register with DOL's Office of Apprenticeship (OA), if
they wish to pay apprentice wages at the rates authorized under the
regulations implementing the Davis-Bacon and related acts. This notice
sets out the process for accomplishing the transition from SAC
registration to OA registration, for Federal purposes.
DATES: After March 2, 2007, (30 days after the date of the ARB's order
withdrawing recognition of California's registration agency), the
Department shall cease to recognize, for Federal purposes, each
apprenticeship program registered with the State of California, unless
the program sponsor requests registration with OA by March 2, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Anthony Swoope, Administrator,
Office of Apprenticeship, U.S. Department of Labor, Room N-5311, 200
Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 693-
2796, (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: In May 2002, the Office of Apprenticeship
(OA) initiated derecognition proceedings against the California
Department of Industrial Relations (CDIR) and California Apprenticeship
Council (CAC) (referred to collectively as the California State
Apprentice Council (SAC)), on the grounds that California Labor Code
section 3075(b) did not conform to OA's regulations at 29 CFR part 29,
because the State law established a ``needs test'' which limited,
rather than promoted, apprenticeship opportunity. The SAC appealed, so
the matter was assigned to an Administrative Law Judge (ALJ) for
preliminary findings and the preparation of a recommended decision. In
April 2005, the ALJ agreed with OA that the ``needs test'' did not
conform to 29 CFR part 29, recommending derecognition on that ground.
The Department's Administrative Review Board (ARB), exercising
authority delegated by the Secretary, reviewed the ALJ's recommended
findings and decision. On January 31, 2007, the ARB issued a Final
Decision and Order (DOL, Office of Apprenticeship (OA) v. California
Department of Industrial Relations (CDIR) and the California
Apprenticeship Council (CAC), ARB Case No. 05-093) that adopted the
ALJ's findings, thereby completing the agency's derecognition process.
DOL hereby gives public notice, as required by 29 CFR 29.13(d),
that the Department has withdrawn recognition, for Federal purposes,
from both CDIR and CAC. The CDIR and the CAC no longer have the
authority to register or oversee apprenticeship programs for ``Federal
purposes.'' See 29 CFR 29.2(k). Apprenticeship programs registered in
California must register with OA, if they wish to pay apprentice wages
at the rates authorized under the regulations implementing the Davis-
Bacon and related acts. See 29 CFR 5.5(a)(4).
As required by 29 CFR 29.13(d), OA hereby provides notice that,
after March 2, 2007 (30 days after the date of the ARB's order
withdrawing recognition of California's registration agency), the
Department shall cease to recognize, for Federal purposes, each
apprenticeship program registered with the State of California, unless
within that time, the program sponsor requests registration with OA.
OA may grant the request for registration contingent upon its
finding that the State apprenticeship program is operating in
accordance with the requirements of 29 CFR part 29, pertaining to the
registration of programs and apprentices and of 29 CFR part 30,
pertaining to equal employment opportunity. OA shall make a finding on
this issue within 30 days of receipt of the request. If the finding is
in the negative, the State sponsor shall be notified in writing that
the contingent OA registration has been revoked. If the finding is in
the affirmative, the State sponsor shall be notified in writing that
the contingent OA registration is made permanent.
As required by 29 CFR 29.13(e), if the sponsor fails to request OA
registration, or upon a finding of noncompliance pursuant to a
contingent OA registration, OA shall provide written notice to such
State sponsor, advising the recipient that any actions or benefits
applicable to recognition for Federal purposes are no longer available
to participants in its apprenticeship program.
As required by 29 CFR 29.13(f), the notice issued under Sec.
29.13(e) shall also direct the State sponsor to notify, within 15 days,
all its registered apprentices of the withdrawal of recognition for
Federal purposes; the effective date thereof; and that such withdrawal
removes the apprentice from coverage under any Federal provision
applicable to his/her individual registration under a program
recognized or registered by the OA for Federal purposes.
Signed at Washington, DC this 26th day of February 2007.
Emily Stover DeRocco,
Assistant Secretary for Employment and Training.
[FR Doc. E7-3616 Filed 3-1-07; 8:45 am]
BILLING CODE 4510-30-P
