2630-S2 AMH CLEM CORD 115

2SHB 2630 - H AMD

By Representative Clements

     On page 1, line 18, after "program" insert "or a student enrolled in a craft or trade program at a private vocational school licensed under chapter 28B.10 RCW or at an institution of higher education as defined in RCW 28B.10.016"

     On page 3, after line 13, insert the following:

     "(7) Apprentice positions on public works contracts subject to this section must be made available to apprentices from both non-union and union programs. At any time before final acceptance of a public works project, an apprentice, a program training apprentices, or a contractor who submitted a bid on or was awarded the public works contract subject to this section has the right to file a grievance with the director of the department of general administration alleging that apprentice positions have not been made available to apprentices from both non-union and union programs. The director must investigate the matter and, if the investigation indicates that apprentices from both non-union and union programs have not been provided opportunities to participate on a public works contract, a brief adjudicative proceeding must be held in accordance with chapter 34.05 RCW and completed within sixty days after the date the grievance was filed.  The director's written determination may include ordering such relief as will effectuate the purposes of this section. A judicial appeal from the director's determination may be taken in accordance with chapter 34.05 RCW, with the prevailing party entitled to recover costs and reasonable attorneys' fees."

Renumber the subsections consecutively and correct internal references accordingly.

EFFECT:  Adds that "apprentices" includes students in craft or trade programs at licensed private vocational schools or public institutions of higher education.

Specifies that apprentice positions must be available to both non-union and union apprentices and provides a grievance process for apprentices, apprentice programs, and contractors to allege noncompliance with this requirement. A grievance must be filed before final acceptance of the project with the director of the Department of General Administration.  The director must investigate and, if warranted, conduct a brief adjudicative proceeding, which must be completed in 60 days.  The director may order the relief necessary to effectuate the purposes of the apprenticeship utilization program.  The director's decision is subject to judicial review, with the prevailing party entitled to costs and reasonable attorneys' fees.