Apprentice Training Benefit
The Apprentice Training Benefit is a program developed and maintained with funds contributed by Employer Members for a training and retraining program designed to promote the interest and welfare of the employees and the Employer Members. Overall supervision, review and monitoring of apprentices shall be the responsibility of the Labor Management Committee (the "Committee") of each Employer Member and the Program Director of the Apprentice Training Benefit program. The training provided shall be structured to match the capabilities of the apprentices.
It is the intent of these apprentice programs that successful completion will qualify the apprentice for full journey-person status.
1. Entrance Requirements
Minimum of 18 years of age.
Must be in reasonably good health. Certification as to physical condition will be obtained from a physician prior to employment. The applicant shall evidence a reasonable amount of intelligence so as to handle the technical requirements of the job.
The applicant shall evidence a reasonable amount of aptitude and interest in the craft.
The applicant for training shall be selected without regard to race, color, religion, age, marital status, arrest records, sex, sexual orientation or national origin.
No applicant shall be accepted as an apprentice in any classification in which he or she has successfully completed a training course leading to journey-person status.
All applicants must pass a drug and alcohol-screening test, provided at the expense of the Empire State Highway Contractors Association, upon acceptance into the Apprentice Training Program.
All applicants must possess a valid driver's license and have reliable transportation.
2. Schedule of Major Work Experience
Apprentices shall be provided training and work experience, subject to work availability, in the carpenter, operating engineer and skilled construction craft laborer trades towards journey-person status in one of the aforementioned trades.
3. Apprentice Wages
A progressively increasing schedule of wages will be paid upon demonstration of satisfactory progress. The wages will be determined using the U.S. Department of Labor's Davis-Bacon decision that governs the particular contract or the applicable New York State Department of Labor decision, whichever is greater. At no time, however, will the apprentice be paid less than minimum wage.
Apprentice wages are to be determined by using a percentage of the appropriate prevailing wage progression as specified in the contract. Prevailing rate schedules are determined by the county you work in as well as the classification of work detailed in the job contract proposal.
The apprentices will be evaluated before each period of advancement to ascertain whether they have satisfactory attendance and whether they have progressed in related training and on the job and to assess the degree of each apprentice's proficiency and quality of workmanship. Performance deemed unsatisfactory will be cause for non-advancement. The “Committee” will notify the Program Director in writing within 10 days of any decision not to advance an apprentice. Such notice shall contain a written explanation of the reason for not advancing an apprentice.
Nothing in this program shall be construed as preventing the “Committee” from advancing apprentices at any time who demonstrate unusually positive progress.
4. Termination For Cause
An apprentice may be terminated at any time during training for any reason, including, but not limited to: absenteeism, lack of punctuality, accident-proneness, lack of interest, poor attitude, failure to demonstrate the ability to perform diligently and faithfully the work of the trade and other pertinent duties as assigned or if he or she fails to conduct himself or herself in a creditable, ethical and moral manner. In addition, failure to attend scheduled related instruction will result in termination from the apprenticeship training program.
5. Term of Apprenticeship
The term of apprenticeship will be outlined in the work schedules and related training courses developed for each individual trade. However, qualified candidates with prior experience will be allowed to enter the program at a level more suited to their abilities.
6. Probationary Period
Once an Apprentice is employed by one of the Signatory Employer Members, and has had reasonable continuous employment, Apprentices employed under these standards shall be subject to a trial or probationary period determined by the trade they are registered in. This probationary period will be determined by the NYSDOL Apprentice Training Program Registration Agreement (AT10). During the probationary period the termination or cancellation of the apprentice agreement may be made at the request of either party to the apprentice agreement.
7. Credit for Previous Experience
Apprentices will be given credit for previous documented trade related construction experience. Apprentices who receive credit for previous experience will be paid the wage rate commensurate with their past experience.
8. Hours of Work For The Apprentice
The hours of work for the apprentice shall be the same as those of journey-persons employed in the trade. Overtime work or work that continues beyond the typical work season, that may interfere with the apprentice's attendance at related instruction will be discouraged.
Apprentices absent from the services of Employer Members through their own fault shall make up all such time lost before being advanced to the next apprenticeship level. Unexcused absences from work may result in suspension or termination.
9. Ratio of Apprentices To Journey-persons
No apprentice who cannot be properly trained and afforded reasonable opportunity of future employment in the trade will be registered. To insure proper training, the ratio of apprentices-to-journey-persons will not exceed the ratios set forth in the appropriate apprenticeship agreement as determined by the NYSDOL.
10. Complaint Procedures
Either the Employer Member or the apprentice may consult with the Program Director within 10 days concerning any differences of opinion arising in the interpretation of any of these standards.
Upon the complaint of any interested person or upon his or her own initiative, the Program Director may investigate to determine if there has been a violation of the terms of an apprentice agreement made under this program. The Program Director may hold hearings, inquiries, and other proceedings necessary to such investigation and determination. The parties to such agreement shall be given a fair and impartial hearing after reasonable notice thereof. All such hearings, investigations and determinations shall be made under the authority of reasonable rules and procedures prescribed by the State of New York under Labor Law Regulation Section 600.12.
11. Certificate of Apprenticeship
Each apprentice will receive a record from the Employer Member showing his or her degree of progress and accomplishment. Each apprentice will also be responsible for the maintenance and daily updating of the on-the-job training record (Blue Book). Apprentices that complete the required training will receive a NYSDOL Certificate of Completion.
Each Employer Member will provide safe equipment and facilities for on-the-job training, adequate supervision to promote safe working conditions, and safety training on the job and in related instruction.
13. Related Training
To assure all around mastery of the trade, arrangements shall be made to provide the apprentice with instruction in technical and theoretical subjects related to the trade. Failure of any apprentice to regularly attend and participate in such instruction shall be cause for suspension or dismissal.
The Program Director will make every effort to provide each apprentice with general experience in blueprint reading, interrelationships with subcontractors, project management and related areas to provide each apprentice with the opportunity to gain an understanding of how all phases of construction are interrelated.
To print an Application for Apprenticeship, please click here. This form is in a MS Word format. Once you've completed this application, please forward to the Association office at Empire State Highway Contractors Association, Inc., 2481 Higby Road, Frankfort, NY 13340.