Chapter 122

2013 -- H 6062 SUBSTITUTE A

Enacted 06/24/13

 

A N A C T

RELATING TO LABOR AND LABOR RELATIONS

          

     Introduced By: Representatives Ackerman, Shekarchi, Edwards, Kazarian, and Abney

     Date Introduced: May 01, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 28-3 of the General Laws entitled "Employment of Women and

Children" is hereby amended by adding thereto the following section:

 

     28-3-3.3. Manufacturing and industrial apprenticeship and internships

Manufacturing and industrial pre-apprenticeship and internships. Nothing in this chapter

shall be construed to preclude any manufacturing or industrial pre-apprenticeship or internship

program, provided that the child is sixteen (16) years of age or older and that said pre-

apprenticeship or internship program complies with the career and technical education regulations

promulgated by the board of education pursuant to Rhode Island General Laws section 16-45-1 et

al.

 

     SECTION 2. Section 28-45-3 of the General Laws in Chapter 28-45 entitled

"Apprenticeship Programs in Trade and Industry" is hereby amended to read as follows:

 

     28-45-3. Powers and duties. -- (a) The department of labor and training is the agency

with responsibility and accountability for apprenticeship within Rhode Island for federal

purposes. The council shall be a regulatory council 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 Rhode

Island apprenticeship program. Enforcement of 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 Rhode Island state plan for equal opportunity in apprenticeship;

      (2) Establish trade, craft, manufacturing, 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 U.S. department of labor or another state

apprenticeship program recognized by the U.S. department of labor if such reciprocity is

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) 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;

      (6) Keep a record of apprenticeship programs and apprentice agreements and their

disposition;

      (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;

      (8) Adopt rules and regulations to insure nondiscrimination in all phases of

apprenticeship and employment during apprenticeship;

      (9) Register trade, craft, manufacturing, 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, manufacturing, 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;

      (10) Establish committees and approve nominations to existing committees which are

submitted in conformity with this chapter;

      (11) Terminate registration of committees for failure of the committee to abide by the

provisions of this chapter; and

      (12) Perform any other duties that are described and imposed by this chapter.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC02383/SUB A

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