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.
