[atlas:bill]

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 strive to achieve a percentage of minority and female (minority and nonminority) participation as apprentices in the particular trade or craft as compared with the percentage of minorities and women (minority and nonminority) in the labor force in the geographic area served by the approved apprenticeship program, where not otherwise prohibited by law.

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.