2014 -- S 2414

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LC003345

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING OT LABOR AND LABOR RELATIONS -- APPRENTICESHIP PROGRAMS IN

TRADE AND INDUSTRY

     Introduced By: Senator Michael J.McCaffrey

     Date Introduced: February 27, 2014

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 28-45-9, 28-45-13 and 28-45-17 of the General Laws in Chapter

28-45 entitled "Apprenticeship Programs in Trade and Industry" are hereby amended to read as

follows:

     28-45-9. Standards of apprenticeship programs. -- An apprenticeship program, to be

eligible for approval and registration with the department of labor and training, shall conform to

regulations issued by the department of labor and training and 29 C.F.R. 29 and 29 C.F.R. 30 and

shall conform to the following standards:

      (1) The program is an organized, written plan embodying the terms and conditions of

employment, training, and supervision of one or more apprentices in the apprenticeable

occupation, as defined in this chapter and subscribed to by a sponsor who has undertaken to carry

out the apprentice training program.

      (2) The program standards contain the equal opportunity pledge prescribed in 29 CFR

30.3(b) and, when applicable, an affirmative action plan in accordance with 29 CFR 30.4, a

selection method authorized in 29 CFR 30.5, or similar requirements expressed in a state plan for

equal employment opportunity in apprenticeship adopted pursuant to 29 CFR Part 30 and

approved by the U.S. department of labor, and provisions concerning the following:

      (i) The employment and training of the apprentice in a skilled occupation;

      (ii) A term of apprenticeship not less than two thousand (2,000) hours of work

experience, consistent with training requirements as established by industry practice, which for an

individual apprentice may be measured either through the completion of the industry standard for

on-the-job learning (at least two thousand (2,000) hours) (time-based approach), the attainment of

competency (competency-based approach), or a blend of the time-based and competency-based

approaches (hybrid approach):

      (A) The time-based approach measures skill acquisition through the individual

apprentice's completion of at least two thousand (2,000) hours of on-the-job learning as described

in a work process schedule;

      (B) The competency-based approach measures skill acquisition through the individual

apprentice's successful demonstration of acquired skills and knowledge, as verified by the

program sponsor. Programs utilizing this approach must still require apprentices to complete an

on-the-job learning component of registered apprenticeship. The program standards must address

how on-the-job learning will be integrated into the program, describe competencies, and identify

an appropriate means of testing and evaluation for such competencies;

      (C) The hybrid approach measures the individual apprentice's skill acquisition through a

combination of specified minimum number of hours of on-the-job learning and the successful

demonstration of competency as described in a work process schedule; and

      (D) The determination of the appropriate approach for the program standards is made by

the program sponsor, subject to approval by the registration agency of the determination as

appropriate to the apprenticeable occupation for which the program standards are registered.

      (iii) An outline of the work processes in which the apprentice will receive supervised

work experience and training on the job, and the allocation of the approximate time to be spent in

each major process;

      (iv) Provision for organized, related, and supplemental instruction in technical subjects

related to the trade. A minimum of one hundred forty-four (144) hours for each year of

apprenticeship is recommended. This instruction in technical subjects may be accomplished

through media, such as classroom, occupational or industry courses, electronic media, or other

instruction approved by the department of labor and training; every apprenticeship instructor

must:

      (A) Meet the Rhode Island department of elementary and secondary education

requirements for a vocational-technical instructor, or be a subject matter expert, which is an

individual, such as a journey worker, who is recognized within an industry as having expertise in

a specific occupation; and

      (B) Have training in teaching techniques and adult learning styles, which may occur

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before or after the apprenticeship instructor has started to provide the related technical instruction.

      (v) A statement of the progressively increasing scale of wages to be paid the apprentice

consistent with the skill acquired, the entry wage to be not less than the minimum wage

prescribed by the federal and state labor standards act, where applicable, unless a higher wage is

required by other applicable federal law, state law, respective regulations, or by collective

bargaining agreement; or by collective bargaining agreement, and any terms, conditions, basic

rates or pay or fringe benefits applicable to apprentices;

      (vi) A provision for periodic review and evaluation of the apprentice's progress in job

performance and related instruction, and the maintenance of appropriate progress records;

      (vii) The numeric ratio of apprentices to journeypersons consistent with proper

supervision, training, safety, and continuity of employment, and applicable provisions in

collective bargaining agreements, except where the ratios are expressly prohibited by the

collective bargaining agreement. The ratio language shall be specific and clear as to application in

terms of jobsite, work force, department or plant;

      (viii) A probationary period reasonable in relation to the full apprenticeship term, with

full credit given for the period toward completion of apprenticeship the probationary period shall

not exceed twenty-five percent (25%) of the length of the program or one year, whichever is

shorter;

      (ix) Adequate and safe equipment and facilities for training and supervision, and safety

training for apprentices on the job and in related instruction;

      (x) The minimum qualifications required by a sponsor for persons entering the

apprenticeship program, with an eligible starting age not less than sixteen (16) years;

      (xi) The placement of an apprentice under a written apprenticeship agreement that

conforms to the requirements of this chapter. The agreement shall directly, or by reference,

incorporate the standards of the program as part of the agreement;

      (xii) The granting of advanced standing or credit for demonstrated competency

previously acquired experience, training, or skills for all applicants equally, with commensurate

wages for any progression step so granted;

      (xiii) The transfer of an apprentice between apprenticeship programs and within an

apprenticeship program must be based on agreement between the apprentice and the affected

apprenticeship committees or program sponsors, and must comply with the following

requirements:

      (A) The transferring apprentice must be provided a transcript of related instruction and

on-the-job learning by the committee or program sponsor;

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      (B) Transfer must be to the same occupation; and

      (C) A new apprenticeship agreement must be executed when the transfer occurs between

program sponsors.

      (xiv) Assurance of qualified training personnel and adequate supervision on the job;

      (xv) Recognition for successful completion of apprenticeship evidenced by an

appropriate certificate issued by the department of labor and training;

      (xvi) Program standards that utilize the competency-based or hybrid approach for

progression through an apprenticeship and that choose to issue interim credentials must clearly

identify the interim credentials, demonstrate how these credentials link to the components of the

apprenticeable occupation, and establish the process for assessing an individual apprentice's

demonstration of competency associated with the particular interim credential; further, interim

credentials must only be issued for recognized components of an apprenticeable occupation,

thereby linking interim credentials specifically to the knowledge, skills, and abilities associated

with those components of the apprenticeable occupation.

      (xvii) Identification of the department of labor and training as the registration agency;

      (xviii) Provision for the registration, cancellation, and deregistration of the program, and

requirement for the prompt submission of any modification or amendment to the department of

labor and training for approval;

      (xix) Provision for registration of apprenticeship agreements, modifications, and

amendments; notice to the department of labor and training of persons who have successfully

completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and

terminations of apprenticeship agreements and a statement of the reasons therefore;

      (xx) Authority for the cancellation of an apprenticeship agreement during the

probationary period by either party without stated cause. Cancellation during the probationary

period will not have an adverse impact on the sponsor's completion rate;

      (xxi) Compliance with 29 CFR 30, including the equal opportunity pledge prescribed in

29 CFR 30.3(b); an affirmative action plan complying with 29 CFR 30.4; and a method for the

selection of apprentices authorized by 29 CFR 30.5, or compliance with parallel requirements

contained in a state plan for equal opportunity in apprenticeship adopted under 29 CFR part 30

and approved by the department. The apprenticeship standards must also include a statement that

the program will be conducted, operated and administered in conformity with applicable

provisions of 29 CFR part 30, as amended, or if applicable, an approved state plan for equal

opportunity in apprenticeship;

      (xxii) Name and address, telephone number and e-mail address (if applicable) of the

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appropriate authority under the program to receive, process, and make disposition of complaints;

      (xxiii) Recording and maintenance of all records concerning apprenticeship as may be

required by the office of apprenticeship or the department of labor and training and other

applicable law.

     28-45-13. Standards of apprenticeship agreements. -- All apprenticeship agreements

submitted for approval and registration with the department of labor and training shall contain

explicitly or by reference standards adopted by the council, including:

      (1) Names and signatures of the contracting parties (apprentice and the program sponsor

or employer), and the signature of a parent or guardian if the apprentice is a minor.

      (2) The date of birth of apprentice and on a voluntary basis the social security number of

the apprentice.

      (3) Name and address of the program sponsor and the registration agency.

      (4) A statement of the occupation, trade or craft in which the apprentice is to be trained,

and the beginning date and term (duration) of apprenticeship.

      (5) A statement showing:

      (i) The number of hours to be spent by the apprentice in work on the job in a time-based

program or a description of the skill sets to be attained by completion of a competency-based

program, including the on-the-job learning component; or the minimum number of hours to be

spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid

program.

      (ii) The number of hours to be spent in related and supplemental instruction in technical

subjects related to the occupation which is recommended to be not less than one hundred forty-

four (144) hours per year.

      (6) A statement setting forth a schedule of the work processes in the occupation or

industry divisions in which the apprentice is to be trained and the approximate time to be spent at

each process.

      (7) A statement of the graduated scale of wages to be paid the apprentice and whether or

not the required related instruction shall be compensated, including: terms and conditions, basic

rates of pay, and fringe benefits applicable to apprentices.

      (8) Statements providing:

      (i) For a specific period of probation during which time the apprenticeship agreement

may be terminated by either party to the agreement upon written notice to the department of labor

and training, without adverse impact on the sponsor; and

      (ii) That, after the probationary period, the agreement may be cancelled at the request of

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the apprentice, or may be suspended, or terminated by the sponsor, for good cause, with due

notice to the apprentice and a reasonable opportunity for corrective action, and with written

notice to the apprentice and to the department of labor and training of the final action taken.

      (9) A reference incorporating as part of the agreement the standards of the apprenticeship

program as it exists on the date of the agreement and as it may be amended during the period of

the agreement.

      (10) A statement that the apprentice will be accorded equal opportunity in all phases of

apprenticeship employment, and training, without discrimination because of race, color, religion,

national origin, or sex.

      (11) Name and address, phone and e-mail (if applicable) of the appropriate authority, if

any, designated under the program to receive, process and make disposition of controversies or

differences arising out of the apprenticeship agreement when the controversies or differences

cannot be adjusted locally or resolved in accordance with the established procedure or applicable

collective bargaining provisions.

     28-45-17. Union participation. – (a) Under a program proposed for registration by an

employer or employers' association, and where the standards, collective bargaining agreement, or

other instrument provides for participation by a union in any manner in the operation of the

substantive matters of the apprenticeship program, and that participation is exercised, written

acknowledgement of union agreement or "no objection" to the registration is required. Where no

participation is evidenced and practiced, the employer or employers' association shall

simultaneously furnish to the union, if any, which is the collective bargaining agent of the

employees to be trained, a copy of its application for registration and of the apprenticeship

program. The department of labor and training shall provide a reasonable time period of not less

than thirty (30) days nor more than forty-five (45) days for receipt of union comments, if any,

before final action on the application for registration and/or approval.

     (b) Any and all apprentices who are listed in a collective bargaining agreement shall be

paid the basic rate of pay, and fringe benefits, in accordance with the respective collective

bargaining agreement.

     SECTION 2. Section 37-13-8 of the General Laws in Chapter 37-13 entitled "Labor and

Payment of Debts by Contractors" is hereby amended to read as follows:

     37-13-8. Investigation and determination of prevailing wages -- Filing of schedule. --

The director of labor and training shall investigate and determine the prevailing wages and

payments made to or on behalf of employees, as set forth in section 37-13-7, paid in the trade or

occupation in the city, town, village, or other appropriate political subdivision of the state and

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keep a schedule on file in his or her office of the customary prevailing rate of wages and

payments made to or on behalf of the employees which shall be open to public inspection. In

making a determination, the director of labor may adopt and use such appropriate and applicable

prevailing wage rate determinations as have been made by the secretary of labor of the United

States of America in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. section 276a;

as further amended by 40 U.S.C. § 3141 CFR Part 5, including, but not limited to, § 5.5 (4)(i) as

it applies to "apprentices and trainees"; provided, however, that each contractor awarded a public

works contract after July 1, 2007 shall contact the department of labor and training on or before

July first of each year, for the duration of such contract to ascertain the prevailing wage rate of

wages on a an hourly basis and the amount of payment or contributions paid or payable on behalf

of each mechanic, laborer or worker employed upon the work contracted to be done each year

and shall make any necessary adjustments to such prevailing rate of wages and such payment or

contributions paid or payable on behalf of each such employee every July first.

     SECTION 3. This act shall take effect upon passage and shall apply retroactively to all

collective bargaining agreements in effect on said date relating to apprentices' pay and fringe

benefits.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING OT LABOR AND LABOR RELATIONS -- APPRENTICESHIP PROGRAMS IN

TRADE AND INDUSTRY

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     This act would require that apprentices listed in a collective bargaining agreement be paid

the same basic rate of pay and fringe benefits in accordance with the respective collective

bargaining agreement.

     This act would take effect upon passage and would apply retroactively to all collective

bargaining agreements in effect on said date relating to apprentices' pay and fringe benefits.

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