12-181-1 Me. Code R. § 2

Current through 2024-51, December 18, 2024
Section 181-1-2 - Definitions

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.

12-181 C.M.R. ch. 1, § 2