STANDARDS OF APPRENTICESHIP: Advanced Home Health Care Aide United Homecare Workers of Pennsylvania (SPONSOR) 45-5011662 (EIN) 1500 North 2 nd Street Harrisburg, PA 17102 Registered With Pennsylvania Apprenticeship and Training Council Apprenticeship and Training Office United States Department of Labor Cooperating 1
1. DEFINITIONS Sponsor means the United Homecare Workers of Pennsylvania (or UHWP ), which is registering and administering these Standards of Apprenticeship. Employer means any Pennsylvania Center for Independent Living (or CIL ), which has subscribed to and has signed these Standards of Apprenticeship. Employer Acceptance Agreement means the written agreement between the sponsoring organization and the individual employer wishing to participate in the apprenticeship program under which these Standards are registered. Unions means the Service Employees International Union Healthcare Pennsylvania (or SEIU Healthcare PA ) and the National Union of Hospital & Health Care Employees (or NUHHCE ), which are participating in, and representatives of which have signed, these Standards of Apprenticeship. Council means the Pennsylvania Apprenticeship & Training Council of the Department of Labor & Industry, Harrisburg, Pennsylvania. Apprentice means an employee of the establishment who is engaged in learning a recognized apprenticeable occupation, as defined in Title 34, Labor & Industry, Chapter 83, Welfare of Apprentices, Paragraph 83.2. Apprenticeship Agreement means an agreement signed by the Employer and the Apprentice. The signature of a parent or guardian is required if the Apprentice is a minor. Joint Apprenticeship Committee (or Committee ) means those persons designated by the sponsor to act as an agent for the sponsor in the administration of the program, comprised of an equal number of representatives appointed by UHWP (sponsor), the CILs (employer representatives) and SEIU Healthcare PA and NUHHCE (union representatives). Standards of Apprenticeship means this entire document, including all appendices and attachments hereto, and any future modifications or additions approved by the Council. Journeyworker means an individual who has documented sufficient skill and knowledge of a trade, craft or occupation, either through formal Apprenticeship or through practical on-the-job experience, and formal training. This individual is recognized by his/her employer as being fully qualified to perform the work of the Advanced Home Health Care Aide. Supervisor of Apprentices means an individual journeyworker designated by the Committee to supervise or have charge and direction of an Apprentice. Work Processes means tasks learned on the job, in the workplace, at which the Apprentice must be proficient before a completion certificate is granted. The learning must be through structured, supervised work experience. 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 his/her occupation. Related instruction for this Apprenticeship is provided by the District 1199C Training & Upgrading Fund. 2. Policy On and after the date these Standards of Apprenticeship are duly executed, it shall be the policy of the signatory Employers and the Union that all Apprentices employed as apprentice Advanced Home Health Care Aides shall be governed by the terms of these Standards. 3. Joint Apprenticeship Committee (Composition) The Joint Apprenticeship Committee shall be composed of equal representation, selected by the signatory Employers and Unions. Members of the Committee shall be selected by the group they represent. The term of office shall be for one year, or until their successors are selected. Vacancies are to be filled in the same manner as the original selection was made. Each group represented on the Committee may select from its members a substitute for a member of the Committee who may be temporarily unable to serve. Each group may request consultants to attend meetings. Consultants will be asked to participate without vote at meetings 2
of the Committee on special problems relative to apprentice training. The Committee shall select from its members a Chairman and a Secretary, who shall retain voting privileges. The offices of the Chairman and Secretary shall be filled and held alternately by an Employer Representative and a Union Representative. When an Employer Representative is Chairman, a Union Representative shall be Secretary, and vice versa. Meetings of the Committee shall be held as often as deemed necessary. A representative of the Pennsylvania Apprenticeship & Training Office may be requested to attend meetings of the Committee. 4. Duties of the Committee The duties of the Committee shall be: To determine the work processes required to provide the necessary experience and training on-the-job. To determine the specific related instruction necessary for the profession. To approve the duly executed Apprenticeship Agreement between the Employer and the Apprentice. To hear and adjust all differences which may arise respecting the terms and conditions of these Standards. To determine tests for determining the Apprentices progress in skill and technical knowledge, and to cooperate with the Supervisor of Apprentices in carrying out his/her responsibilities to the Apprentice, the Employer and the Committee. To certify to the Council the names of Apprentices who have satisfactorily completed their Apprenticeships, requesting the issuance of Certificates of Completion for Apprentices so designated. 5. Credit for Previous Experience An applicant for Apprenticeship may be allowed credit on the term of Apprenticeship for that portion of his/her experience whether with his/her current Employer or elsewhere, which is the equivalent to any he/she would receive under these Standards. Previous experience, with commensurate wages, will be granted only after the record of the applicant has been checked and approved by the Committee. The Council will be advised of the source and content of such experience. 6. Apprenticeship Agreement The Apprentice, and if a minor his/her parent or guardian, shall sign an Apprenticeship Agreement which meets the requirements of the Council. A copy of the Apprenticeship Agreement is attached to these Standards of Apprenticeship. The Apprenticeship Agreement shall be signed by an authorized Representative of the Apprentice s Employer and an authorized Representative of the Committee, and shall be registered with the Council. The Apprenticeship Agreement shall contain a clause making the terms of these Standards of Apprenticeship a part of the said Agreement. Therefore, each Apprentice, and if a minor his/her parent or guardian, who enters into the Apprenticeship Agreement, shall be given a copy of these Standards to read before the Apprenticeship Agreement is signed. The following parties shall receive a copy of the Apprenticeship Agreement, properly executed: Apprentice, Employer, Union and Council. 7. Terms of Apprenticeship Apprentices will be given practical training, under supervision, for 2,000 hours as set forth under the Work Processes specified in their Apprenticeship Agreement. The first three months of apprenticeship shall be a period of probation, during which time either party may terminate the Agreement by notifying the other. After this period, the Apprenticeship Agreement may be cancelled for cause. The Council shall be notified of all terminations and the reason therefore. 8. Responsibilities of the Apprentice Each Apprentice is required to apply him/herself with diligence and care to the various tasks assigned to him/her, to protect the property and interests of his/her Employer in the proper manner; to respect and to obey the rules of the Employer and the Union; and to conduct him/herself at all times in a creditable manner, realizing that much time, money and effort are expended in affording him/her the opportunity to become a skilled journeyworker. 9. Supervision of Apprentices Each Apprentice s Employer shall: 3
Keep adequate records of the process of each Apprentice in both practical and related experience. Cooperate with the Apprentice s immediate supervisor to ensure that the Apprentice obtains the experience outlined in the Work Processes in these Standards of Apprenticeship. Report at specific intervals regarding the aptitude, skill and progress of each Apprentice. See that the Apprentice is given instruction in safe working methods in each operation as it is encountered throughout the term of the Apprenticeship. 10. Work Processes Each Apprentice will be given work experience in the major basic competency elements as per the schedule for Advanced Home Health Care Aides, which is attached to these Standards of Apprenticeship, and made a part hereof. The Apprentice will be trained in safety practices related to operations performed. 11. Safety and Health Training Each Employer shall instruct their Apprentice(s) in safe and healthful work practices and shall ensure that Apprentice(s) are trained in facilities and other environments that are in compliance with the Occupational Safety and Health Standards promulgated by the Secretary of Labor under Public Law 91-596, dated December 29, 1970, or State standards that have been found to be at least as effective as the Federal standards. 12. Related Instruction The Apprentice shall attend classes of theoretical instruction related to the Advanced Home Health Care Aide occupation for a minimum of 144 hours as stated on the Sample Work Processes and Related Instruction outlines attached to these Standards. Compensation of Apprentices during related instruction hours shall be governed based on the terms established by the current master bargaining agreement between the Employer and the Union. Related instruction is to be conducted at: District 1199C Training & Upgrading Fund 100 South Broad Street, 10 th Floor Philadelphia, PA 19110 All apprentices shall be considered District 1199C Training & Upgrading Fund students, and shall abide by the District 1199C Training & Upgrading Fund Student Code of Conduct and any other relevant documents while completing related instruction. In cases of failure of an apprentice to fulfill the obligations regarding related instruction (or OJL) without due cause, the Committee will take appropriate disciplinary action and may terminate the Apprenticeship Agreement after due notice to the apprentice and opportunity for corrective action. To the greatest extent possible, related instruction will be closely correlated with the practical experience and training received by Apprentices on-the-job. On behalf of the Committee, District 1199C Training & Upgrading Fund will monitor, document and report to the Committee on each apprentice s progress in related instruction classes. 13. Periodic Review of Progress The progress of the Apprentice will be subject to review by the Committee prior to the expiration of each wage period. Should such review reveal unsatisfactory progress on the part of the Apprentice, the Committee may take whatever disciplinary action it considers necessary, even to the extent of canceling the Apprenticeship Agreement. 14. Probationary Period PA Regulation Part IV, Chapter 83, para 83.5 (b)(8) All applicants selected for apprenticeship shall serve a probationary period of not less than three months of On-the-Job Learning (OJL). During the probationary period either the apprentice or the Sponsor and/or Employer may terminate the Apprenticeship Agreement without stated cause, by notifying the other party in writing. The records for each probationary apprentice shall be reviewed prior to the end of the probationary period. Records may consist of periodic reports regarding progression made in both the OJL and related instruction, and any disciplinary action taken during the probationary period. Any probationary apprentice evaluated as satisfactory after a review of the probationary period shall be given full credit for the probationary period and continue in the program. After the probationary period the Apprenticeship Agreement may be canceled at the request of the apprentice, or may be suspended or canceled by the Sponsor and/or Employer for reasonable cause after documented due notice to the 4
apprentice and a reasonable opportunity for corrective action. In such cases, the Committee will provide written notice to the apprentice and to PATC of the final action taken. 15. Hours of Work Hours of work for Apprentices shall be the same as for Journeyworkers employed in the profession; except that no Apprentice shall be required to work such hours as would interfere with his/her required related studies. 16. Qualifications for Apprenticeship Apprentices shall be of legal working age. A high school diploma or equivalency is required. Applicants must provide an official transcript(s) for high school, and for any post high-school education and training they wish for the Committee to consider when reviewing their application; all high school equivalency records must be submitted if applicable. Applicants will be physically capable of performing the essential functions of the apprenticeship program, with or without a reasonable accommodation, and without posing a direct threat to the health and safety of the individual or others. Applicants must have completed a minimum of six months of employment with their current employer at the time of application; must work an average of 30 hours per week for their current employer; and must be in good standing with both their employer and their union. All applicants must complete the Test of Adult Basic Education (TABE) and an interview conducted by the related instruction provider, for entrance into related instruction. 17. Selection of Apprentices Selection of Apprentices will be in accordance with the Selection Procedures attached to these Standards of Apprenticeship, and made a part hereof. 18. Equal Opportunity Pledge The recruitment, selection and employment and training of Apprentices during their Apprenticeship, shall be without discrimination because of race, color, religion, national origin, or sex. The sponsor will take affirmative action to provide equal opportunity in Apprenticeship and will operate the Apprenticeship program as required under Title 29 of the Code of Federal Regulations, Part 30, and Title 34, Labor and Industry, Chapter 81, Equal Opportunity in Apprenticeship Programs. If more than four apprentices are to be employed by any one Employer at one time, that Employer and the Union shall follow recruitment and selection procedures consistent with all relevant regulations and the Affirmative Action Plan attached to and made a part of these Standards. 19. Certificate of Completion of Apprenticeship Upon the satisfactory completion of the Apprenticeship by the Apprentice, the Committee will recommend to the Council that a Certificate of Completion be awarded to the Apprentice. The letter of request will state where Related Training was obtained. The Committee shall certify that the Apprentice has demonstrated competency in all phases of the profession. 20. Interpretation If a difference of opinion should arise in the interpretation of these Standards of Apprenticeship which cannot be adjusted satisfactorily by the Committee, either party to the Apprenticeship Agreement may consult with the Council for clarification. 21. Modification These Standards of Apprenticeship may be modified by the Sponsor, the Employer and the Union, with notification being sent to the Council. 22. Apprentice Wage Progression Advanced Home Health Care Aide Apprentices shall be paid a progressively increasing schedule of wages during their apprenticeship based on the acquisition of increased skill and competence on the job and in related instruction. Before an apprentice is advanced to the next segment of training or to journeyworker status, the Committee and the apprentice s Employer will evaluate all progress to determine whether advancement has been earned by satisfactory performance in OJL and in related instruction courses. Determinations of whether satisfactory progress has been made shall be guided by the work experience and related instruction records and reports. 5
The progressive wage schedule will be an increasing percentage of the journeyworker wage rate as established by each participating Employer in agreement with the Union. The percentages that will be applied to the applicable journeyworker rate are shown on the attached Employer Acceptance Agreement(s). In no case will the starting wages of apprentices be less than that required by any minimum wage law which may be applicable. 23. Compliance The sponsors of these Standards of Apprenticeship certify that they are in full compliance with all applicable Federal, State and local laws and regulations. 24. Standards of Apprenticeship Are Part of Current Master Bargaining Agreement These Standards of Apprenticeship shall become a part of, and be subject to, the then-current master bargaining agreement between each Employer and the Union, and shall continue with the same force and effect thereafter concurrently with each subsequent current master bargaining agreement. Nothing in these Standards of Apprenticeship shall be construed as superseding the terms and conditions of the current master bargaining agreement, and any provision found in violation of shall be automatically amended to confirm to the current master bargaining agreement. The written Standards of Apprenticeship shall be binding unto the parties hereto and their respective successors and assigns. 25. Transfer of Training Obligation An apprentice may not transfer directly from this joint apprenticeship program to another apprenticeship program unless specifically approved to do so by the Joint Apprenticeship Committee. 26. Processing of All Papers Pertinent to Standards of Apprenticeship All materials pertinent to these Standards of Apprenticeship shall be forwarded to the Council through the local office of the Apprenticeship & Training Office, United States Department of Labor. 27. Distribution of Officially Signed Standards of Apprenticeship The following parties shall receive a copy of the officially signed and properly executed Standards of Apprenticeship: 1 Employer 1 Union 1 Council 2 Apprenticeship & Training Office APPROVED BY (United Homecare Workers of Pennsylvania Sponsor) Ali Kronley, Director Date: March 30 th, 2017 Registered with Pennsylvania Apprenticeship & Training Council Chairman: Date: Secretary: Date: 6