OAR 839-011-0250: Apprenticeship and Training Committees — Agreements During Labor Disputes

(1) Pursuant to the National Labor Relations Act and Title 29 CFR Parts 29.3(h) and 29.12(10), when a labor dispute exists with an employer or prospective employer in a single employer program, until such dispute has been resolved or the representative union has tendered a written waiver of its objections to the employer or prospective employer’s participation, the Council will not: (a) Approve changes in existing standards; (b) Approve new standards; (c) Register additional apprentices for the employer; or (d) Review the employer’s application for a new committee. (2) Pursuant to the National Labor Relations Act and Title 29 CFR Parts 29.3(h) and 29.12(10), when a labor dispute exists with an employer or prospective employer in a multi-employer program, until such dispute has been resolved or the representative union has tended a written waiver of its objections to the employer or prospective employer’s participation, the local committee will not: (a) Provide additional apprentices to the employer or prospective employer engaged in the labor dispute; or (b) Grant training agent status. (3) For purposes of this rule, a labor dispute exists for an employer where: (a) There is a collective bargaining agreement in effect, or where employees have voted for a bargaining agreement; and (b) There is a strike, lock out or work stoppage. (4) Apprentices or trainees subject to apprenticeship or training agreements and employed in an establishment involved in a labor dispute where the employees have voted for a bargaining unit and a strike is in progress are not in violation of their agreements if they leave their employment until settlement of the labor dispute. [Publications: Publications referenced are available from the agency.]