Passed by the Senate March 2, 2011 YEAS 49   ________________________________________ President of the Senate Passed by the House April 8, 2011 YEAS 56   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5584 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/31/11. Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to conforming with federal labor standards for apprenticeship programs; amending RCW 49.04.010, 49.04.030, 49.04.040, 49.04.050, and 49.04.060; and adding a new section to chapter 49.04 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 49.04.010 and 2001 c 204 s 1 are each amended to read
as follows:
The department of labor and industries is the agency with
responsibility and accountability for apprenticeship within the state
for federal purposes. The director of labor and industries shall
appoint ((an)) a regulatory 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 a successor is appointed and has qualified and
any vacancy shall be filled by appointment for the unexpired portion of
the term. A designated representative from each of the following: The
workforce 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 members of the apprenticeship
council. 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 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))
director is ((further)) authorized to ((issue such)) adopt rules as may
be necessary to carry out the intent and purposes of this chapter,
after consultation with the council and receiving the council's
recommendations, including a procedure to resolve an impasse should a
tie vote of the council occur, 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 2001 c 204 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 apprenticeship programs conforming to the standards established
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 apprenticeship committees; (3) when authorized by
the apprenticeship council, register apprenticeship agreements that are
in the best interests of the apprentice and conform with standards
established under this chapter; (4) keep a record of apprenticeship
agreements and upon successful completion issue certificates of
completion of apprenticeship; ((and)) (5) when authorized by the
council, terminate or cancel any apprenticeship agreements in
accordance with the provisions of the agreements; and (6) conduct
reviews for compliance with this chapter, rules established under this
chapter, and 29 C.F.R. Parts 29 and 30.
The supervisor may act to bring about the settlement of differences
arising out of the apprenticeship agreement where such differences
cannot be adjusted locally. The director of labor and industries is
authorized to appoint such other personnel as may be necessary to aid
the supervisor of apprenticeship in the execution of the supervisor's
functions under this chapter.
Sec. 3 RCW 49.04.040 and 2001 c 204 s 3 are each amended to read
as follows:
Upon July 22, 2001, 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)) under this chapter, and
29 C.F.R. Parts 29 and 30 and must be approved by the apprenticeship
council. ((Apprenticeship committees may be approved whenever the
apprentice training needs justify such establishment.)) Such
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 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 as the apprentice representative when the council determines there
is no feasible method to choose nonmanagement representatives.
Apprenticeship committees shall devise standards for apprenticeship
programs and operate such programs in accordance with the standards
established by this chapter and by ((council-adopted)) rules adopted
under this chapter. 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 2001 c 204 s 4 are each amended to read
as follows:
To be eligible for registration, apprenticeship program standards
must conform to the rules adopted ((by the apprenticeship council))
under this chapter.
Sec. 5 RCW 49.04.060 and 2001 c 204 s 5 are each amended to read
as follows:
For the purposes of this chapter an apprenticeship agreement is a
written agreement between an apprentice and either the apprentice's
((employer or employers)) program sponsor, or an apprenticeship
committee acting as agent for ((an employer or employers)) a program
sponsor, containing the terms and conditions of the employment and
training of the apprentice.
NEW SECTION. Sec. 6 A new section is added to chapter 49.04 RCW
to read as follows:
(1) Any decision of the apprenticeship council affecting
registration and oversight of apprenticeship programs and agreements
for federal purposes may be appealed to the director of labor and
industries by filing a notice of appeal with the director within thirty
days of the apprenticeship council's written decision. Any decision of
the council affecting registration and oversight of apprenticeship
programs and agreements for federal purposes not appealed within thirty
days is final and binding, and not subject to further appeal.
(2) Upon receipt of a notice of appeal, the director or designee
shall review the record created by the council and shall issue a
written determination including his or her findings. A judicial appeal
from the director's determination may be taken in accordance with
chapter 34.05 RCW.
(3) Orders that are not appealed within the time period specified
in this section and chapter 34.05 RCW are final and binding, and not
subject to further appeal.