Request By:
Mr. Charles Carr, Chairman
Roofers Joint Apprenticeship Committee
Paducah Area Construction Advancement Foundation
P.O. Box 1059
1930 North 13th Street
Paducah, Kentucky 42001
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Martin Glazer, Assistant Attorney General
You seek an opinion of this office concerning application of the apprenticeship statutes and regulations. You state that the West Kentucky Roofers Joint Apprenticeship Committee operates on standards adopted on December 18, 1973 that provide for a ratio of apprentices to journeymen of 1 to 1 and that subsequent to that time, new regulations provide for the ratio of apprentices to journeymen of not more than 1 apprentice for the first journeyman and 1 additional for each 3 journeymen. You also state that in February 1975, the Director of the Division of Labor Standards was requested to continue the previous 1 - 1 ratio (apprentices to journeymen) . The Director provided relief in areas other than public works but did not do so in predetermined wage scale works. You cite regulation 803 KAR 1:010, section 2 (g). You state that your interpretation of that regulation would give the Commissioner of the Department of Labor or his agent the authority to waive the ratio requirements for any predetermined wage project or any nonpredetermined wage project, and you want to know whether the Commissioner of Labor has the authority to waive the ratio requirement on both predetermined wage scale projects and non-predetermined wage scale projects.
803 KAR 1:010, section 2 (g) provides in part:
"(2) The standards must contain the equal opportunity pledge prescribed in the Kentucky State Plan for equal employment opportunity in apprenticeship and, when applicable, an affirmative action plan and a selection method in accordance with the Kentucky State Plan for equal employment opportunity in apprenticeship, and provisions concerning the following:
* * *
"(g) The ratio of apprentices to journeymen consistent with proper supervision, training, and continuity of employment, and applicable provisions in collective bargaining agreements, but in a ratio of not more than one (1) apprentice for the first journeyman and one (1) apprentice for each additional three (3) journeymen; unless approval is granted by the supervisor in cooperation with the commissioner and Apprenticeship and Training Council;" (Emphasis supplied)
803 KAR 1:010 deals with the provisions of general apprenticeship programs and it appears from the aforesaid quotation that the Commissioner of Labor does have the authority to elect additional apprentices per journeymen than a 1 on 3 ratio after the first journeyman.
However, you failed to call our attention to 803 KAR 1:020 which deals with the specifications for employment of apprentices and trainees in public works projects. In section 2 of that regulation, there is contained, the following:
". . . The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than one (1) apprentice for the first journeyman and one (1) apprentice for each additional three (3) journeymen employed on each project by an employer. . . ."
There is no proviso for a waiver in this regulation that appears in the aforesaid regulation -- 803 KAR 1:010.
As we said before, 803 KAR 1:010 deals with general apprenticeship programs and 803 KAR 1:020 deals with programs involved in public works projects. Therefore, it appears that these two regulations must be read in para materia (together) to allow a waiver by the Commissioner in general programs but not to allow a waiver by the Commissioner in public works programs.
In short, the Commissioner in nonpublic works programs can, within his discretion, allow a greater number of apprentices than 1 to 3 journeymen in nonpublic works programs, but he does not have that authority in public works programs.
I trust this has answered your question.