Chapter 164
2011 -- H 6076 SUBSTITUTE A
Enacted 06/30/11
A N A C T
RELATING TO
LABOR AND LABOR RELATIONS - APPRENTICESHIP PROGRAMS IN TRADE AND INDUSTRY
Introduced By: Representatives Williams, Edwards, Guthrie, Hearn, and Fellela
Date Introduced: April 27, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 28-45-2, 28-45-3, 28-45-9, 28-45-10,
28-45-13, 28-45-13.1, 28-
45-15, 28-45-16, 28-45-17
and 28-45-18 of the General Laws in Chapter 28-45 entitled
"Apprenticeship
Programs in Trade and Industry" are hereby amended to read as follows:
28-45-2.
Apprenticeship council. -- (a) The
director of labor and training, with the
advice and consent of the governor, shall appoint a state
apprenticeship council composed of four
(4) representatives each from
employer and employee organizations respectively and one public
member. One of the employer representatives shall represent
a business employing less than fifty
(50) employees. The council
shall, by majority vote, elect from its membership a chairperson, a
vice-chairperson, and a secretary. The vice-chairperson shall act in
the absence or inability of the
chairperson.
(b) Upon the expiration
of the terms of the council's present membership, the director of
labor and training, with the advice and consent of the
governor, shall appoint members to the
apprenticeship council for initial terms, and those members shall
hold office until their successors
are appointed and have qualified, as follows:
(1) One representative
each from employer and employee organizations respectively, for
an initial term of one year;
(2) One representative
each from employer and employee organizations respectively, for
an initial term of two (2) years;
(3) One representative
each from employer and employee organizations respectively, for
an initial term of three (3) years; and
(4) One representative
each from employer and employee organizations respectively, for
an initial term of four (4) years.
(5) One public
member, representing a community organization, for an initial term of
four (4) years.
(c) Upon the expiration
of those initial terms, members shall be appointed for terms of
four (4) years, and shall hold office until their
successors are appointed and have qualified. Any
vacancy shall be filled by appointments by the director of
labor and training, with the advice and
consent of the governor, for the unexpired portion of the
term. The commissioner of elementary
and secondary education, the director of labor and
training shall be members of the council, ex-
officio, without vote.
(d) The council may, by
majority vote, designate any consultants that it may deem
necessary and desirable to assist it in the performance of its
duties.
(e) Members of the
board shall not be compensated for their service on the board.
28-45-3.
Powers and duties. -- (a) The
council shall meet as often as may be necessary,
but not less than five (5) times a year; may adopt rules
and regulations; may establish additional
standards for apprenticeship agreements; and may request the services
of any state or federal
agency or department which may be of assistance in carrying
out the purposes of this chapter.
The department of labor and training is the agency
with responsibility and accountability for
apprenticeship within
and part of the department of labor and training. The
council shall promulgate regulations
consistent with 29 C.F.R. 29 and 30 at the direction of the
director of the department of labor and
training and shall provide advice and guidance to the director
of the department of labor and
training on the operation of the
apprenticeship rules and regulations shall be the duty of the
director of the department of labor
and training. In addition, the council shall:
(1) Adopt rules and
regulations to insure equality of opportunity in apprenticeship
programs pursuant to the
(2) Establish trade,
craft, or industrial standards for apprenticeship or training agreements
in cooperation with a joint employer and employee groups
in conformity with 29 C.F.R. 29.5;
(3) Establish program
performance standards in conformity with 29 C.F.R. 29.6;
(4) Hold at least
four (4) regular public meetings each year; any additional meetings
considered necessary shall be held at the call of the
chairperson, or at the written request of a
majority of the members of the council;
(5) Formulate and
publish rules of procedure for the function of local, regional, and state
joint apprenticeship committees and for the filling of
vacancies on those committees;
(6) Adopt rules and
regulations concerning the following:
(i)
The contents of apprenticeship agreements in conformity with 29 C.F.R. 29.7;
(ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. 29.4;
(iii) Reciprocal
approval for federal purposes to apprentices, apprenticeship programs and
standards that are registered in other states by the
apprenticeship program recognized by the
requested by the apprenticeship program sponsor;
(iv)
The cancellation and/or deregistration of programs, and for temporary
suspension,
cancellation, and/or deregistration of apprenticeship agreements
as provided in 29 C.F.R. 29.8
and 29.9;
(v) The standards of
apprenticeship, program performance standards, apprenticeship
agreements, deregistration of registered apprenticeship
programs, reinstatement of apprenticeship
programs, and reciprocal approval of apprentices from other
states.
(b) Additionally,
the council shall The department of
labor and training in accord with its
regulations and this chapter shall:
(1) Encourage the
promotion, expansion, and improvement of programs of
apprenticeship training and pre-apprenticeship and the making of
apprenticeship agreements;
(2) Bring about the
settlement of differences arising out of an apprenticeship agreement
when those differences cannot be adjusted locally or in
accordance with established trade
procedure;
(3) Supervise
the execution of agreements and maintenance of standards;
(4) Register or
terminate or cancel the registration of apprenticeship programs and
apprenticeship agreements;
(5) Issue certificates
of completion of apprenticeship as shall be authorized by the
council;
(6) Keep a record of
apprenticeship programs and apprentice agreements and their
disposition;
(7) Cooperate with
the board of regents for elementary and secondary education and the
local school authorities in the organization and
establishment of classes of related and
supplemental instruction for apprentices employed under approved
agreements;
(8)(7)
Render any assistance and submit any information and data that may be requested
by employers, employees, and joint apprenticeship
committees engaged in the formulation and
operation of programs of apprenticeship, particularly in regard
to work schedules, wages,
conditions of employment, apprenticeship records, and number of
apprentices;
(9)(8)
Adopt rules and regulations to insure nondiscrimination in all phases of
apprenticeship and employment during apprenticeship;
(10)(9) Establish
and register Register trade, craft, or
industrial standards for
apprenticeship or training agreements in cooperation with joint
employer and employee groups
and in conformity with this chapter, or approve and
register trade, craft, or industrial standards for
agreements submitted which are in conformity with this chapter,
and disapprove those standards
or agreements submitted which are not in conformity with
this chapter, to the extent deemed
appropriate;
(11)(10)
Establish committees and approve nominations to existing committees which
are submitted in conformity with this chapter;
(12)(11)
Terminate registration of committees for failure of the committee to abide by
the provisions of this chapter; and
(13)(12)
Perform any other duties that are described and imposed by this chapter; .
(14) Hold at least
four (4) regular public meetings each year. Any additional meetings
considered necessary shall be held on call of the chairperson,
or at the written request of a
majority of the members of the council; and
(15) Formulate and
publish rules of procedure for the function of local, regional, and state
joint apprenticeship committees and for the filling of
vacancies on those committees.
28-45-9.
Standards of apprenticeship programs. -- An
apprenticeship program, to be
eligible for approval and registration with the council
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
(i)
The employment and training of the apprentice in a skilled trade 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 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. The instruction may be given in a
classroom or through trade,
industrial, or correspondence courses of equivalent value, or
other forms of self-study approved
by the apprenticeship council; 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
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
before or after the apprenticeship instructor has started to
provide the related technical instruction.
(v) A progressively
increasing schedule of wages to be paid the apprentice consistent
with the skill acquired which shall average, over the
required hours or years for completion, not
less than approximately one half ( 1/2) of the
journeyperson's rate. The entry wage shall be not
less than the minimum wage prescribed by the Fair Labor
Standards Act, 29 U.S.C. section 201 et
seq., where applicable, unless a higher wage is
required by other applicable federal law, state law,
respective regulations, or by collective bargaining agreement 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;
(vi)
Periodic 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) Transfer of
employer's training obligation when the employer is unable to fulfill his
or her obligation under the apprenticeship agreement to
another employer under the same
program with consent of the new employer, the apprentice, and
the apprenticeship council; 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;
(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.
(xvi)(xvii)
Identification of the department of labor and training as the
registration
agency;
(xvii)(xviii)
Provision for the registration, cancellation, and deregistration of the
program, and requirement for the prompt submission of any
modification or amendment to it the
department of labor and training for approval;
(xviii)(xix)
Provision for registration of apprenticeship agreements, modifications, and
amendments; notice to the apprenticeship council 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
causes for the cancellations,
suspensions or terminations and a statement of the reasons therefore;
(xix)(xx)
Authority for the termination 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;
(xx) A statement
that the program will be conducted, operated, and administered in
conformity with applicable provisions of 29 CFR Part 30, or a
state EEO in apprenticeship plan
adopted pursuant to 29 CFR Part 30 and approved by the
(xxi)(xxii)
Name and address, telephone number and e-mail address (if applicable) of
the
appropriate authority under the program to receive, process, and
make disposition of complaints;
(xxii)(xxiii)
Recording and maintenance of all records concerning apprenticeship as may
be required by the office of apprenticeship U.S.
bureau of apprenticeship and training,
employment and training administration or the apprenticeship council department of
labor and
training and other applicable law.
28-45-10.
Definitions. -- For the purposes of this chapter:
(1)
"Apprenticeship agreement" means a written agreement complying
with 29 CFR 29.7
between an apprentice and either his or her employer the
apprenticeship program sponsor, or an
apprenticeship committee acting as agent for employer(s) the
program sponsor(s), which
agreement contains the terms and conditions of the employment
and training of the apprentice.
(2) "Apprenticeable occupation" means a skilled trade
which possesses all of the
following characteristics:
(i)
It is customarily learned in a practical way through a structured, systematic
program
of on the job supervised training learning.
(ii) It is clearly
identified and commonly recognized throughout an industry.
(iii) It involves the
progressive attainment of manual, mechanical, or technical skills and
knowledge, which is in accordance with the industry standard
for the occupation, that requires the
completion of at least
a minimum of two thousand (2,000) hours of on the job work learning
to
attain experience.
(iv)
It requires related instruction to supplement the on the job training
learning.
(3) “Council” means
the apprenticeship council as established by section 28-45-2.
(4) “OA” means office
of apprenticeship,
(5) “Secretary” means
secretary of the
28-45-13.
Standards of apprenticeship agreements. -- All
apprenticeship agreements
submitted for approval and registration with the council
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 apprenticeship
council.
(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 that is 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 trade 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 school time related
instruction shall be compensated.
(8) Statements
providing:
(i)
For a specific period of probation not exceeding six (6) months or one
thousand
(1000) hours on the job 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 apprenticeship council.; and
(ii) That, after the
probationary period, the agreement may be cancelled at the request of
the apprentice, or may be suspended, cancelled, 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 apprenticeship
council 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) Provision that
the services of the apprenticeship council may be utilized for
consultation regarding the settlement of differences arising out
of the apprenticeship agreement
where those differences cannot be adjusted locally or in
accordance with the established tread
procedure. 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.
28-45-13.1.
Apprenticeship registration -- Fees. -- A fee of twenty-four dollars
($24.00) shall be paid by each indentured apprentice,
except those apprentices who are registered
in school-to-career apprenticeship programs only, not
registered as an apprentice with the
division of professional regulation of the department of labor
and training, except those
apprentices who are registered in school-to-career apprenticeship
programs only, requesting
approval and registration with the state apprenticeship
council department of labor and training.
All state approved apprentice certificates that are
not registered and renewable through the
division of professional regulation of the department of labor
and training shall become due for
renewal annually for a renewal fee of twenty-four dollars
($24.00). All apprenticeship certificates
issued by the division of professional regulation of the
department of labor and training shall
expire on the indentured date of the individual qualifying
for the certificate.
28-45-15.
Deregistration of program. – (a)
Deregistration of a program may be effected
upon the voluntary action of the sponsor by a request for cancellation
of the registration, or upon
reasonable cause, by the council department of labor
and training instituting formal deregistration
proceedings in accordance with provisions of 29 CFR 7.
(b) The department of
labor and training may cancel the registration of an apprenticeship
program by written acknowledgment of such request stating the
following:
(1) The registration
is canceled at sponsor’s request, and effective date thereof;
(2) That, within
fifteen (15) days of the date of the acknowledgment, the sponsor shall
notify all apprentices of such cancellation and the
effective date; that such cancellation
automatically deprives the apprentice of his/her individual
registration; and that the deregistration
of the program removes the apprentice from coverage for
federal purposes which require the
secretary of the
(c) The department of
labor and training shall conduct formal deregistration proceedings
as follows:
(1) Deregistration
proceedings may be undertaken when the apprenticeship program is
not conducted, operated, and administered in accordance
with the registered provisions or the
requirements of this chapter, except that deregistration
proceedings for violation of equal
opportunity requirements shall be processed in accordance with
the provisions under 29 CFR part
30, as amended;
(2) Where it appears
the program is not being operated in accordance with the registered
standards or with the requirements of this chapter, the
department of labor and training shall so
notify the program sponsor in writing;
(3) Notice to the
sponsor must contain the following elements:
(i)
Be sent by registered or certified mail, with return receipt requested;
(ii) State the
shortcoming(s) and the remedy required; and
(iii) State that a
determination of reasonable cause for deregistration will be made unless
corrective action is effected within thirty (30) days.
(d) Upon request by
the sponsor for good cause, the thirty (30) day term may be extended
for another thirty (30) days. During the period for
correction, the sponsor shall be assisted in
every reasonable way to achieve conformity;
If the required
correction is not effected within the allotted time, the department of labor
and training shall send a notice to the sponsor, by
registered or certified mail, return receipt
requested, stating the following:
(1) The notice is
sent pursuant to this subsection;
(2) Certain
deficiencies (stating them) were called to the sponsor’s attention and remedial
measures requested, with dates of such occasions and letters; and
that the sponsor has failed or
refused to effect correction;
(3) Based upon the
stated deficiencies and failure of remedy, a determination of
reasonable cause has been made and the program may be
deregistered unless, within fifteen (15)
days of the receipt of this notice, the sponsor requests a
hearing;
(4) If a request for
a hearing is not made, the entire matter may be decided by the
department of labor and training.
(f) If the sponsor
requests a hearing, the department of labor and training shall transmit to
the
circumstances concerning the nonconformity, including the findings
and recommendation for
deregistration, and copies of all relevant documents and records.
Statements concerning
interviews, meetings and conferences shall include the time, date,
place, and persons present. The
administrator shall make a final order on the basis of the record
before him. The administrator
will refer the matter to the office of administrative law
judges. An administrative law judge will
convene a hearing in accordance with 29 CFR 29.10, and issue
a decision as required in 29 CFR
29.10(c).
(g) At his/her
discretion, the secretary may allow the sponsor a reasonable time to
achieve voluntary corrective action. If the secretary’s
decision is that the apprenticeship program
is not operating in accordance with the registered
provisions or requirements of this part, the
apprenticeship program shall be deregistered. In each case in which reregistration is ordered, the
secretary shall make public notice of the order and shall
notify the sponsor.
(h) Every order of
deregistration shall contain a provision that the sponsor shall, within
fifteen (15) days of the effective date of the order, notify
all registered apprentices of the
deregistration apprentice or his/her individual registration; and
that the deregistration removes the
apprentice from coverage for federal purposes which require the
secretary of labor’s approval of
an apprenticeship program.
(i)
Any apprenticeship program deregistered pursuant to this part may be reinstated
upon
presentation of adequate evidence that the apprenticeship program
is operating in accordance with
this part. Such evidence shall be presented to the
administrator, OA, if the sponsor had not
requested a hearing, or to the secretary, if an order of
deregistration was entered pursuant to a
hearing.
(j) Within ten (10)
days of his/her receipt of a request for a hearing, the administrator of
apprenticeship must contact the department of labor's office of
administrative law judges to
request a designation of an administrative law judge to
preside over the hearing. The
administrative law judge shall give reasonable notice of such
hearing by registered mail, return
receipt requested, to the appropriate sponsor. Such notice
shall include:
(1) A reasonable time
and place of hearing;
(2) A statement of
the provisions of this part pursuant to which the hearing is to be held;
and
(3) A concise
statement of the matters pursuant to which the action forming the basis of
the hearing is proposed to be taken.
(k) The
administrative law judge shall regulate the course of the hearing. Hearings
shall
be informally conducted. Every party shall have the
right to counsel, and a fair opportunity to
present his/her case, including such cross-examination as may
be appropriate in the
circumstances. Administrative law judges shall make their proposed
findings and recommended
decisions to the secretary upon the basis of the record before
him.
28-45-16.
Reciprocity. -- (a) When
a sponsor of an apprenticeship program which is
registered and operating in a neighboring state requests
registration from the department of labor
and training to
train apprentices for work projects in this state, the sponsor shall be granted
registration providing the sponsor conforms with the regulations
and standards of the state of
(b) An apprentice
registered in an approved registered apprenticeship program in a
neighboring state will be awarded certification of registration
for state purposes upon request and
on the condition that the neighboring state's
sponsorship program is registered with the
appropriate state apprentice agency.
(c) The state
apprenticeship council department of labor and training shall have
the
authority to expand or limit the number of states that are
subject to the provisions of subsection
(a) of this section by
regulation through the promulgation of rules and regulations.
(d) The department of
labor and training shall accord reciprocal approval for federal
purposes to apprentices, apprenticeship programs and standards
that are registered in other states
by the
labor if such reciprocity is requested by the
apprenticeship program sponsor; program sponsors
seeking reciprocal approval must meet
ratio standards.
28-45-17.
Union participation. -- 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 apprenticeship council department of
labor and training shall provide a reasonable
time period of not less than thirty (30) days nor more
than sixty (60) forty-five (45) days for
receipt of union comments, if any, before final action on the
application for registration and/or
approval.
28-45-18.
Vocational school training. -- (a) The board of regents for elementary and
secondary education may authorize vocational schools to provide
apprenticeship classroom
training to students subject to the approval of the
state apprenticeship council.
(b) In the event the
board of regents authorizes state-certified apprenticeship training
under subsection (a), and a student successfully completes
the vocational school program, then
the student shall receive apprentice credit, to be
applied against a state-certified apprenticeship
program requirement set forth by the state apprenticeship
council pursuant to section 28-45-13,
for one hundred forty-four (144) hours of apprenticeship
classroom training.
SECTION 2. Sections 28-45-4, 28-45-5, 28-45-7 and 28-45-8 of
the General Laws in
Chapter 28-45 entitled
"Apprenticeship Programs in Trade and Industry" are hereby repealed.
28-45-4.
Personnel. -- For the purpose of
carrying out administerial duties the council
may employ assistants and clerical personnel as are
necessary, who work under the general
supervision of the director of labor and training. All those
assistants and clerical personnel shall
be appointed under and be subject to the provisions of
chapter 4 of title 36.
28-45-5.
Organization in department of labor and training.
-- The apprenticeship
council as provided in section 28-45-2 shall function within
the department of labor and training
as a separate organizational entity, as constituted, and
with all the powers and duties provided in
section 28-45-3.
28-45-7.
Related and supplemental instruction. --
Related and supplemental instruction
for apprentices, coordination of instruction with work
experiences, and the selection of teachers
and coordinators for that instruction shall be the responsibility
of board of regents for elementary
and secondary education and local school committees. The
board of regents for elementary and
secondary education shall be responsible and make provision subject
to the department's decision
on the allotment of its funds for related and
supplementary instruction for apprentices as may be
employed under apprenticeship programs registered and approved
by the council.
28-45-8. Local,
regional, and state joint apprenticeship committees. -- Local
and state
joint apprenticeship committees may be approved in any
trade or group of trades, in cities,
regions of the state, or trade areas, by the council whenever
the apprentice training needs of that
trade or group of trades or those regions justify that
establishment. Those local, regional, or state
joint apprenticeship committees shall be composed of an
equal number of employer and
employee representatives selected by the respective local or
state employer and employee
organizations in that trade or group of trades, and any other
advisory members representing local
boards or other agencies that may be deemed advisable. In a
trade or group of trades in which
there is no bona fide employer or employee organization, a
joint committee may be composed of
persons known to represent the interests of employers and of
employees respectively, or a state
joint apprenticeship committee may be approved as, or the
council may act itself as, the joint
committee in that trade or group of trades. Subject to the
review of the council and in accordance
with the standards established by the council, those
committees may devise standards for
apprenticeship agreements and give any aid that may be necessary in
their operation in their
respective trades and localities.
SECTION 3. This act shall take effect upon passage.
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LC02451/SUB A
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