[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Notices]
[Pages 43552-43553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20407]
[[Page 43551]]
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Part VI
Department of Labor
_______________________________________________________________________
Employment and Training Administration
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Bureau of Apprenticeship and Training; Policy for Releasing Identities
of Program Sponsors; Notice
Federal Register / Vol. 64, No. 153 / Tuesday, August 10, 1999 /
Notices
[[Page 43552]]
DEPARTMENT OF LABOR
Employment and Training Administration
Bureau of Apprenticeship and Training; Policy for Releasing
Identities of Program Sponsors
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice of Adoption of Procedure.
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SUMMARY: The Bureau hereby adopts a policy for releasing identities of
apprenticeship program sponsors registered and recognized by BAT. On
December 5, 1997, the Bureau of Apprenticeship and Training (BAT)
noticed in the Federal Register a proposed policy and procedure for
releasing identities of program sponsors registered by the Bureau, (62
FR 64452). The Bureau invited interested persons to submit written
comments before February 3, 1998 concerning the proposal. A few
responses were received as discussed herein.
EFFECTIVE DATE: This procedure is effective on August 10, 1999.
FOR FURTHER INFORMATION CONTACT: Marion M. Winters, FOIA Coordinator
for BAT, Telephone: (202) 219-5921 (Ext. 107) (this is not a toll free
number). FAX: (202) 219-5011.
SUPPLEMENTARY INFORMATION:
Background
The BAT administers and promotes the nation's apprenticeship and
training programs. Individuals join an apprenticeship program to learn
the skills the program has to offer as well as to obtain employment.
Apprenticeship is a relationship between the program sponsor and the
apprentice during which the employee, or apprentice, learns a trade.
The training lasts a specified length of time. An apprenticeship covers
all aspects of the trade and includes both on-the-job training and
related instruction.
Apprenticeship programs are sponsored and operated on a voluntary
basis by employers, employee associations, or partnerships between
employers and labor unions. The sponsor of an apprenticeship program
plans, administers and pays for the program. When an apprentice is
accepted into a program, the apprentice and the sponsor sign an
apprenticeship agreement. The apprentice agrees to perform the work
faithfully and complete the related study, and the sponsor agrees to
make every effort to keep the apprentice employed and to comply with
the standards established for the program. An apprenticeship program
must meet certain requirements set down by BAT.
BAT regulations require that apprenticeship programs be registered
with BAT or a federally approved State Apprenticeship Council.
Registered programs must meet federally-approved standards related to
job duties, related instruction, wages, and safety and health
conditions. Apprentices who successfully complete registered programs
receive certificates of completion from the U.S. Department of Labor or
a federally-approved State Apprenticeship Agency.
In the past, when BAT received FOIA requests for information
concerning registered apprenticeship programs, it would notify the
appropriate sponsor and seek their views regarding the effect that
disclosure of the relevant data would have on its competitive business
position. This procedure was followed because of BAT's understanding or
perhaps misinterpretation, of Executive Order 12600 (29 CFR part 70 et
seq: 29 CFR 70.26).
Executive Order 12600, issued May 30, 1989, requires Federal
Agencies to notify a submitter of commercial information if its
potential release could be considered sensitive or harmful to its
business interests. In an effort to comply with Executive Order 12600,
BAT sought views of each sponsor on whether the disclosure of the
existence of a registered apprenticeship program could be harmful to
its proprietary interest.
BAT does not believe the relevant information is proprietary to the
sponsors. This information belongs to the government as well as to the
sponsors and apprentices. It has been BAT's experience that when it has
contacted sponsors and sought their comments on any commercial harm
they would experience that when it has contacted sponsors and sought
their comments on any commercial harm they would experience by the
publication of the fact that a registered program exists, the vast
majority offered no objections. There is little basis, if any, for
supporting a claim of negative proprietary impact on sponsors by
identifying their participation as an apprenticeship program sponsor.
It is BAT's understanding that in an overwhelming number (if not in
all) State Apprenticeship Council (SAC) States the fact of the
existence of apprenticeship programs is released to the public.
Discussion of Comments
The BAT received six letters commenting on the proposed procedure
that was published in the Federal Register Notice of December 5, 1997.
The comment from the Plasterers & Cement Masons Job Corps Training
Program of Washington, DC, was very supportive of the proposal in that
it could serve as a stimulus for attracting potential apprentices to
enter the Building and Construction Trades.
The Independent Electrical Contractors, Inc. (IEC) of Alexandria,
Virginia, endorsed the proposed policy. They thought the general
availability of this information would stimulate the establishment of
more apprenticeship programs and also encourage students to investigate
apprenticeships as a reliable alternative to college or vocational
training options.
However, the Independent Electrical Contractors cautioned against
releasing detailed personal information regarding these programs, such
as the identities of apprentices enrolled therein. They considered such
information as being proprietary. Identification as well as
characteristics of apprentices and/or trainees are protected as
personal information subject to the Privacy Act.
BAT Response
BAT does not contemplate releasing personal information on any
apprentice or trainee; nor is this a matter sheltered as proprietary.
The National Association of State and Territorial Apprenticeship
Directors (NASTAD) supports releasing the name and address of
sponsoring organizations, but not the name and phone number of contact
persons. BAT acknowledges that the latter information is subject to
frequent change, and is not maintained in many of the SAC States.
BAT Response
In any event, under the BAT FOIA policy, the identity of a sponsor
and a mailing address will be provided.
The Vermont Department of Employment and Training in Montpelier,
Vermont, had no problem with releasing the names and addresses of
registered apprenticeship program sponsors to anyone on request. They
believe that such information would benefit the apprenticeship training
program by providing job and career counselors with a list of
participating registered apprenticeship program sponsors for client
referral.
The Wyoming Electrical Joint Apprenticeship and Training Committee
of Casper, Wyoming (WJATC) commented that information on such programs
would be vital for persons interested in apprenticeship. The WJATC
pointed out that many apprenticeships are available but that
[[Page 43553]]
not all programs are registered. Further, the WJATC stated that making
information on sponsors more readily available would enable the public
to find the best apprenticeship programs and what they have to offer.
The Associated Builders and Contractors, Inc. (ABC) commented that
it does not oppose the release of identifying information on
apprenticeship program sponsors. The ABC provides for the registration
of all apprenticeship programs with their 81 geographically distinct
chapters.
ABC did oppose any release of information that would enable
individual employers within an ABC chapter to be identified.
BAT's Response
As discussed above, the BAT FOIA policy provides for the release of
information regarding sponsors, not information about individual
employers.
Adoption of Procedure
Accordingly, BAT hereby adopts a FOIA policy for releasing
identities of apprenticeship program sponsors registered and recognized
by the BAT.
In response to requests for program sponsor identification, the
official name of the organization along with street address, city, and
State will be disclosed.
All newly registered apprenticeship program sponsors will be
provided with a copy of this Federal Register Notice.
Signed at Washington, DC, this 3rd day of August, 1999.
Anthony Swoope,
Director, Bureau of Apprenticeship and Training Employment and Training
Administration.
[FR Doc. 99-20407 Filed 8-9-99; 8:45 am]
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