On Jan. 17, 2024, the Federal Register published the controversial 626-page U.S. Department of Labor听听that would make significant revisions to the National Apprenticeship System that will affect 老牛影视members, chapters, apprentices and other industry stakeholders participating in government-registered apprenticeship programs.

On Jan. 30, 2024, from 2 to 3:15 p.m. ET, 老牛影视offered a members-only webinar on the proposed rule regarding the problematic and beneficial provisions of the rule and how to听best participate in regulatory and advocacy efforts to help improve this extensive regulation.听Watch the archived听webinar on ABC鈥檚 Academy, which is available to 老牛影视members in management positions and chapter staff. To obtain login information, 老牛影视members should fill out the online听Academy Login Request Form.

In addition, the U.S. Department of Labor鈥檚 Employment and Training Administration abruptly cancelled its Jan. 11 webinar summarizing the proposed rule. The 听at 2 p.m. ET.听

The deadline for public comments on the DOL proposal is March 18, 60 days after the proposal was published in the Federal Register.听老牛影视submitted a to extend the deadline by 30 days.

DOL Proposal Widely Criticized

On Dec. 18, 老牛影视issued a press release in response to the ABC-opposed proposal, which the DOL published a preliminary version of on Dec. 14:

鈥溊吓Ｓ笆觭upports government-registered apprenticeship programs and offers听more than 450听such education programs across the country as part of its听all-of-the-above approach听to meet the workforce needs of the construction industry,鈥� said Ben Brubeck, 老牛影视vice president of regulatory, labor and state affairs. 鈥溊吓Ｓ笆觟s thoroughly reviewing the Biden DOL鈥檚 overreaching, 779-page proposal and is concerned that aspects of the proposed rule will limit the number of apprentices and employers participating in GRAPs.

鈥淎lready, the government-registered apprenticeship system is woefully inadequate in meeting the workforce needs of the construction industry,鈥� said Brubeck. 鈥�Recent data听suggests that it would take 12 years for the current broken GRAP system to educate the听more than half a million workers听needed by the construction industry in 2023 alone. Additional unclear and onerous requirements in the DOL proposal are likely to exacerbate the construction industry鈥檚 skilled labor shortage.听

鈥淭he misguided proposal will discourage employer participation in the GRAP system by adding more bureaucracy and paperwork requirements while also eliminating flexible competency-based approaches to workforce development that benefit apprentices and employers,鈥� said Brubeck. 鈥淎s currently written, the Biden鈥檚 proposal threatens to undermine significant investments recently made by taxpayers in infrastructure, clean energy and manufacturing projects procured by government and private owners.鈥�

The Biden DOL鈥檚 proposed rule was also panned by both the chairwoman of the U.S. House Education and the Workforce Committee Virginia Foxx, R-N.C., and the ranking member of the Senate HELP Committee Bill Cassidy, R-La.

听derided the new rule, stating, 鈥淚f the goal was to make an already dysfunctional registered apprenticeship system less workable and relevant to the needs of workers and employers, this proposed rule appears likely to succeed.鈥�

Sen.听听criticized the rule鈥檚 circumvention of Congress, seeking to implement a new regulation 鈥�395 times longer than the legislation it is supposedly interpreting.鈥� According to Cassidy鈥檚 statement:

鈥淭he regulations would inject political ideology into the National Apprenticeship System, including diversity, equity, and inclusion (DEI) policies. The rule would allow DOL to dissolve the apprenticeship programs of employers accused by labor unions of misconduct without a requirement that the charges are verified by the National Labor Relations Board (NLRB). This would empower unions to intimidate and coerce employers with baseless accusations. It would also give unions veto authority over new apprenticeship programs, limiting job training opportunities for American workers. This comes at a time when workforce shortages continue and the labor force participation rate remains well below pre-COVID levels.

鈥淎dditionally, the rule gives the U.S. Department of Labor鈥檚 Office of Apprenticeship and State Apprenticeship Agencies enforcement authority over labor disputes, a role already performed by the NLRB. Ultimately, the proposed regulation applies more bureaucracy to a system in need of flexibility when responding to pressing workforce needs.鈥�

The Biden proposal was also roasted in a Wall Street Journal editorial ():

鈥淒OL鈥檚 manifest goal is to limit non-union programs that don鈥檛 result in more union jobs. The rule would let the department dissolve programs accused by unions of misconduct or found to be non-compliant with minor government regulations and DEI benchmarks.

鈥淥ne result of DOL鈥檚 regulations will be fewer job-training opportunities for minorities. The rule will also undercut the Administration鈥檚 industrial policy and climate agenda. The Inflation Reduction Act鈥檚 myriad green energy tax credits require employers to utilize apprentices from government-approved programs. Good luck finding them.

鈥淧resident Biden鈥檚 message to non-union apprentices: You鈥檙e fired.鈥�

Next Steps

In the coming weeks, 老牛影视will provide detailed analysis and resources on the proposal to construction industry stakeholders and government-registered apprenticeship program providers and participants.听

For more information on the proposed rule, Apprenticeship for America has provided an听听and a听听of changes from the existing rule.听

老牛影视will also request feedback from employers, chapters, the CTE community and other affected parties on aspects of the proposal that are problematic, as well as those that may be beneficial to the construction industry.

In addition, 老牛影视will submit comments on the proposed rule and make recommendations that will help create a final rule that can deliver value to taxpayers, the construction industry workforce and employer participants in the GRAP system.

老牛影视members should register听for the Jan. 30, 2024, webinar from 2 to 3:15 p.m. ET to learn more.

老牛影视is conducting an important survey of contractor members and chapter staff regarding the proposal. Please email [email protected]听to receive the survey link or if you have any questions or comments regarding the survey or proposed rule. The survey will close at 5 p.m. ET on Feb. 21.

Additional Background

On May 9, 2023, an ABC-led coalition of construction and business associations听听to the Advisory Committee on Apprenticeships opposing the committee鈥檚听听to the DOL for dramatic changes to the GRAP system.听These recommendations included听a proposal to establish a new 鈥淨uality Seal鈥� program to give preferential treatment to GRAPs meeting certain requirements.

It appears that some aspects of the ACA鈥檚 recommendations opposed by the coalition were incorporated into the proposal, which is likely to undermine employer and employee participation in GRAP system.

Visit听听to learn how 老牛影视is building the people who build America and contact Michael Altman to learn more about the proposal.