AN ACT Relating to
revising apprenticeship law to respond to a 1999 United States department of
labor audit; and amending RCW 49.04.010, 49.04.030, 49.04.040, 49.04.050,
49.04.060, 49.04.080, 49.04.100, and 28B.50.880.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 49.04.010 and 1984 c
287 s 97 are each amended to read as follows:
The director of labor
and industries shall appoint an apprenticeship council, composed of three
representatives each from employer and employee organizations, respectively.
The terms of office of the members of the apprenticeship council first
appointed by the director of labor and industries shall be as follows: One
representative each of employers and employees shall be appointed for one year,
two years, and three years, respectively. Thereafter, each member shall be
appointed for a term of three years. The governor shall appoint a public
member to the apprenticeship council for a three-year term. The appointment of
the public member is subject to confirmation by the senate. Each member shall
hold office until ((his)) a successor is appointed and has
qualified and any vacancy shall be filled by appointment for the unexpired
portion of the term. ((The state official who has been designated by the
commission for vocational education as being in charge of trade and industrial
education and the state official who has immediate charge of the state public
employment service)) A designated representative from each of the
following: The work force training and education coordinating board, state
board for community and technical colleges, employment security department, and
United States department of labor, apprenticeship, training, employer, and
labor services, shall be ex officio ((be)) members of ((said))
the apprenticeship council((, without)). Ex officio members
shall have no vote. Each member of the council, not otherwise compensated
by public moneys, shall be reimbursed for travel expenses in accordance with
RCW 43.03.050 and 43.03.060 and shall be compensated in accordance with RCW
43.03.240. The apprenticeship council ((with the consent of employee and
employer groups shall: (1) Establish standards for apprenticeship agreements
in conformity with the provisions of this chapter; (2))) is authorized
to approve apprenticeship programs, and establish apprenticeship program
standards as rules, including requirements for apprentice-related and
supplemental instruction, coordination of instruction with job experiences, and
instructor qualifications. The council shall consider recommendations from the
state board for community and technical colleges on matters of
apprentice-related and supplemental instruction, coordination of instruction
with job experiences, and instructor qualifications. The rules for
apprenticeship instructor qualifications shall either be by reference or
reasonably similar to the applicable requirements established by or pursuant to
chapter 28B.50 RCW. The council is further authorized to issue such rules
((and regulations)) as may be necessary to carry out the intent and
purposes of this chapter, including a procedure to resolve an impasse should a
tie vote of the council occur((; and (3))), and perform such
other duties as are hereinafter imposed.
Not less than once a
year the apprenticeship council shall make a report to the director of labor
and industries of its activities and findings which shall be available to the
public.
Sec. 2. RCW 49.04.030 and 1979
ex.s. c 37 s 2 are each amended to read as follows:
Subject to the
confirmation of the state apprenticeship council by a majority vote, the director
of labor and industries shall appoint and deputize an assistant director to be
known as the supervisor of apprenticeship. Under the supervision of the
director of labor and industries and with the advice and guidance of the
apprenticeship council, the supervisor shall: (1) Encourage and promote ((the
making of)) apprenticeship ((agreements)) programs conforming
to the standards established ((by or in accordance with)) under
this chapter, and in harmony with the policies of the United States department
of labor; (2) act as secretary of the apprenticeship council and of state ((joint))
apprenticeship committees; (3) when ((so)) authorized by the
apprenticeship council, register ((such)) apprenticeship agreements ((as))
that are in the best interests of the apprentice and conform ((to the))
with standards established ((by or in accordance with)) under
this chapter; (4) keep a record of apprenticeship agreements and upon ((performance
thereof)) successful completion issue certificates of completion of
apprenticeship; and (5) terminate or cancel any apprenticeship
agreements in accordance with the provisions of ((such)) the
agreements((; and who (6))).
The supervisor
may act to bring about the settlement of differences arising out of the
apprenticeship agreement where such differences cannot be adjusted locally ((or
in accordance with the established trade procedure.
Related and
supplemental instruction for apprentices, coordination of instruction with job
experiences, and the selection and training of teachers and coordinators for
such instruction shall be the responsibility of the commission for vocational
education and its local recognized agency for vocational education)). The director of labor and industries is
authorized to appoint such other personnel as may be necessary to aid the ((apprenticeship
council and the)) supervisor of apprenticeship in the execution of ((their))
the supervisor's functions under this chapter.
Sec. 3. RCW 49.04.040 and 1941 c
231 s 3 are each amended to read as follows:
((Local and state
joint)) Upon the effective date of this act, all newly approved
apprenticeship programs must be represented by either a unilateral or joint
apprenticeship committee. Apprenticeship committees must conform to this
chapter, the rules adopted by the apprenticeship council, and 29 C.F.R. Part 29
and must be approved by the apprenticeship council. Apprenticeship
committees may be approved((, in any trade or group of trades, in cities or
trade areas, by the apprenticeship council,)) whenever the apprentice
training needs ((of such trade or group of trades justifies)) justify
such establishment. Such ((local or state joint)) apprenticeship
committees shall be composed of an equal number of employer and employee representatives
who may be chosen:
(1) From names
submitted by the respective local or state employer and employee organizations
((in such trade or group of trades. In a trade or group of trades in which
there is no bona fide employer or employee organization, the joint committee
shall be composed of persons known to represent the interests of employer and
of employees respectively, or a state joint apprenticeship committee may be
approved as, or)) served by the apprenticeship committee; or
(2) In a manner
which selects representatives of management and nonmanagement served by the
apprenticeship committee. The council may act ((itself)) as the ((joint
committee in such trade or group of trades)) apprentice representative
when the council determines there is no feasible method to choose nonmanagement
representatives.
((Subject to the
review of the council and in accordance with the standards established by this
chapter and by the council, such)) Apprenticeship committees shall
devise standards for apprenticeship ((agreements)) programs and
((give such aid as may be necessary in their operation in their respective
trades and localities)) operate such programs in accordance with the
standards established by this chapter and by council-adopted rules. The
council and supervisor may provide aid and technical assistance to
apprenticeship program sponsors and applicants, or potential applicants.
Sec. 4. RCW 49.04.050 and 1979
ex.s. c 37 s 3 are each amended to read as follows:
((Standards of
apprenticeship agreements are as follows:
(1) A statement of
the trade or craft to be taught and the required hours for completion of
apprenticeship which shall be not less than two thousand hours of reasonably
continuous employment.
(2) A statement of
the processes in the trade or craft divisions in which the apprentice is to be
taught and the approximate amount of time to be spent at each process.
(3) A statement of
the number of hours to be spent by the apprentice in work and the number of
hours to be spent in related and supplemental instruction which instruction
shall be not less than one hundred forty-four hours per year.
(4) A statement of
the age of the apprentice which may not be less than sixteen years of age.
(5) A statement of
the progressively increasing scale of wages to be paid the apprentice.
(6) Provision for a
period of probation during which the apprenticeship council or the supervisor
of apprenticeship may terminate an apprenticeship agreement at the request in
writing of any party thereto. After the probationary period the apprenticeship
council, or the supervisor of apprenticeship, under the procedure approved by
the council, shall be empowered to terminate the apprenticeship agreement in
accordance with the provisions of such agreement.
(7) Provision that
the services of the supervisor and the apprenticeship council may be utilized
for consultation regarding the settlement of differences arising out of the
apprenticeship agreement where such differences cannot be adjusted locally or
in accordance with the established trade procedure.
(8) Provision that
if an employer is unable to fulfill his obligation under the apprenticeship
agreement he may transfer such obligation to another employer.
(9) Such additional
standards as may be prescribed in accordance with the provisions of this
chapter.))
To be eligible for
registration, apprenticeship program standards must conform to the rules
adopted by the apprenticeship council.
Sec. 5. RCW 49.04.060 and 1941 c
231 s 5 are each amended to read as follows:
For the purposes of
this chapter an apprenticeship agreement is((:
(1) An individual
written agreement between an employer and apprentice, or (2) a written
agreement between an employer, or an association of employers, and an
organization of employees describing conditions of employment for apprentices,
or (3) a written statement describing conditions of employment for apprentices
in a plant where there is no bona fide employee organization.
All such agreements
shall conform to the basic standards and other provisions of this chapter)) a written agreement between an apprentice
and either the apprentice's employer or employers, or an apprenticeship
committee acting as agent for an employer or employers, containing the terms
and conditions of the employment and training of the apprentice.
Sec. 6. RCW 49.04.080 and 1963 c
172 s 1 are each amended to read as follows:
Under the supervision
of the director of labor and industries and with the advice and guidance of the
apprenticeship council, the supervisor of apprenticeship shall encourage and
promote the making of such other types of on-the-job training agreements and
projects, in addition to apprenticeship agreements, as ((he in his
discretion)) the supervisor shall find meritorious.
Sec. 7. RCW 49.04.100 and 1995 c
67 s 7 are each amended to read as follows:
((Joint)) As
provided by the rules adopted by the apprenticeship council, apprenticeship
programs entered into under authority of this chapter ((49.04 RCW and
which receive any state assistance in instructional or other costs, shall
include entrance of women and racial minorities in such program, when
available, in a ratio not less than the percentage of the minority race and
female (minority and nonminority) labor force in the program sponsor's labor
market area, based on current census figures issued by the office of financial
management with the ultimate goal of obtaining the proportionate ratio of
representation in the total program membership. Where minimum standards have
been set for entering upon any such apprenticeship program, this woman and
racial minority representation shall be filled when women and racial minority
applicants have met such minimum standards and irrespective of individual
ranking among all applicants seeking to enter the program: PROVIDED, That
nothing in RCW 49.04.100 through 49.04.130 will affect the total number of
entrants into the apprenticeship program or modify the dates of entrance both
as established by the joint apprenticeship committee. Racial minority for the
purposes of RCW 49.04.130 shall include African Americans, Asian Pacific
Americans, Hispanic Americans, American Indians, Filipinos, and all other
racial minority groups)) with five or more apprentices shall conform
with 29 C.F.R. Part 30 to the extent required by federal law while advancing
the nondiscriminatory principles of the Washington state civil rights act, RCW
49.60.400.
Sec. 8. RCW 28B.50.880 and 1991
c 238 s 111 are each amended to read as follows:
((Related
and supplemental instruction for apprentices, coordination of instruction with
job experiences, and the selection and training of teachers and coordinators
for such instruction shall be the responsibility of the state board for community
and technical colleges and its local community and technical colleges.)) The
state board for community and technical colleges shall provide recommendations
to the apprenticeship council and apprenticeship programs, established under
chapter 49.04 RCW, on matters of related and supplemental instruction for
apprentices, coordination of instruction with job experiences, and the
qualification of teachers for such instruction.
