CHAPTER 522
S.P. 455 - L.D. 1429
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §12706, sub-§17, as enacted by PL 1985, c. 695, §11, is repealed.
Sec. 2. 26 MRSA §1001, as amended by PL 1989, c. 483, Pt. A, §43, is further amended to read:
When used in this chapter: As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Apprentice. "Apprentice" shall mean means a person at least 16 years of age, employed under a written agreement to work at and learn a specific trade occupation and is registered with the State Apprenticeship and Training Council.
2. Apprentice agreement. "Apprentice agreement" shall mean means a written agreement entered into by an apprentice or organization of employees with an employer or with an association of employers or organizations of employees, which agreement provides for the apprentice's participation in a definite sequence of job training, and for such related and supplemental instruction as may be deemed determined necessary to qualify as a journeyman in the particular trade occupation affected.
3. Council. "Council" shall mean means the State Apprenticeship and Training Council.
4. Journeyman upgrading. "Journeyman upgrading" means continued related instruction advocated for by a sponsor including joint apprenticeship and training committees or employers for an individual who has fulfilled a bona fide apprenticeship as determined by the council. Enrollment criteria must be established by the council.
5. Sponsor. "Sponsor" means an employer or a potential employer.
Sec. 3. 26 MRSA §1002, as amended by PL 1993, c. 630, Pt. B, §§7-10, is further amended to read:
§1002. State Apprenticeship and Training Council
The State Apprenticeship and Training Council, as established by Title 5, section 12004-G, subsection 25, is composed of 12 members appointed by the Governor and made up as follows: four members must be representatives of employees and be bona fide members of a recognized major labor organization; 4 members must be representatives of employers and be bona fide employers or authorized representatives of bona fide employers; 2 4 members must be representatives of the public, selected from neither industrial employers nor employees, nor may they be directly concerned with any particular industrial employer or employee; and. At least 2 members who are representatives of the public must represent the interests of women, minorities and aid to families with dependent children recipients in registered apprenticeship. The appointments must be made so that the term of one member of each group expires each year. Each member holds office until a successor is appointed and qualified, and any vacancy must be filled by appointment for the unexpired portion of the term. The chair and secretary of the council must be named by the members of the council and the chair must be a member of the council. The Director of the Division of Applied Technology Administration within the Department of Education, the Director of Workforce Development, the Commissioner of Labor or a designee, the Commissioner of Economic and Community Development or a designee, the Commissioner of Education or a designee, the Chair of the Maine Jobs Council or a member designee and the Director of Apprenticeship Training for President of the Maine Technical College System or a designee are nonvoting ex officio members of the council. The members of the council are entitled to receive compensation according to the provisions of Title 5, chapter 379.
The budget request of the council must be incorporated in the overall budget of the Department of Labor and the Commissioner of Labor is responsible for the disbursement of these funds according to council policy. The commissioner is responsible for the selection and supervision of all personnel who may be employed by the council.
The council shall:
1. Establish standards. Establish standards, through joint action of employers and employees, and assist in the development of registered apprenticeship programs in conformity with this chapter and generally encourage and promote the establishment of registered apprenticeship programs;
2. Registration. Register or terminate or cancel the registration of apprenticeship programs and apprenticeship agreements including journeyman upgrading;
3. Certificates of completion. Issue such certificates of completion of apprenticeship as shall be authorized by the council to apprentices who have been certified by a joint apprenticeship committee or employer as satisfactorily completing their training;
4. Records. Keep a record of registered apprenticeship programs and apprentice agreements, including the number of women and minority in registered apprenticeships apprentices by trade occupation and the number of women apprentices in occupations that are nontraditional for women;
5. Cooperate with others. Cooperate with the Department of Education, the Board of Trustees of the Maine Technical College System and the local school authorities in the organization and establishment of classes of related and supplemental instruction for apprentices employed under approved agreements;
6. Rules. Issue such rules, pursuant to Title 5, chapter 372, subchapter II, as may be necessary to carry out the intent and purpose of this chapter;. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A;
7. Reports. Make a report to the Governor of its activities and the results of those activities, including those activities specifically undertaken to increase the participation of women and recipients of aid to families with dependent children. This report must be incorporated in the biennial report of the Commissioner of Labor;
7-A. Reports. Make an annual report by March 1st of each year to the Governor, the joint standing committee of the Legislature having jurisdiction over labor matters, the joint standing committee of the Legislature having jurisdiction over education and cultural affairs and the joint standing committee of the Legislature having jurisdiction over business and economic development matters. The report must include, for each business assisted under this chapter, the name and location of each business, the number of apprentices, the return on investment and, when applicable, the number of new jobs created;
8. Prison industries programs. Cooperate and consult with the Department of Corrections to develop policies concerning the issues of job safety for prisoners involved in prison industries programs, work release programs and job displacement created by such programs and to develop opportunities for jobs in the prison industries programs consistent with Title 34-A, section 1403, subsection 9; and
9. Commitment to apprenticeships for women and recipients of aid to families with dependent children. Cooperate, consult and coordinate with the Maine Aid to Families with Dependent Children Advisory Council, established by Title 22, section 3774, and other relevant groups to identify the obstacles which may prevent the greater participation of women and of aid to families with dependent children recipients in registered apprenticeships, and the necessary measures to be taken to overcome them.
10. Related and supplemental instruction. Ensure availability of related and supplemental instruction for apprentices. Oversight of coordination of instruction with job experiences is the responsibility of the council; and
11. Planning and evaluation. Develop a biennial plan in consultation with the Maine Jobs Council and the Department of Labor and develop an evaluation tool and process that facilitates a review of the apprenticeship program outcomes based on the council's biennial goals and objectives. As a result of this process, the council may initiate programs that promote apprenticeship and work force development.
Meetings of the council shall be are held quarterly and as often as is necessary in the opinion of the majority of the council. The chair shall designate the time and place of the meetings and the secretary staff shall notify all council members at least one week in advance of each meeting. A majority of the membership of the council shall constitute constitutes a quorum, provided that as long as each group has at least one representative present.
Sec. 4. 26 MRSA §1003 is repealed.
Sec. 5. 26 MRSA §1004, as amended by PL 1989, c. 483, Pt. A, §45, is further amended to read:
§1004. Apprenticeship agreement standards
Standards for apprenticeship agreements shall must contain the following:
1. Occupation taught. A statement of the trade or craft occupation to be taught and the required hours for completion of apprenticeship;
2. Processes. A statement of the major work processes in the trade or craft in which the apprentice is occupation to be taught and the approximate amount of time to be spent at each process;
3. Hours. A statement of educational subjects to be studied and mastered including on-the-job-training work experience. Where formal classroom instruction can be established by the Board of Trustees of the Maine Vocational-Technical Institute System a statement that such classes shall operate at least 144 hours per year An agreement must state the number of hours required to complete an apprenticeship and indicate the approximate number of hours spent in each process and each training component;
4. Age. A statement that the apprentices shall be may not be less than 16 years of age;
5. Wages. A statement of the progressively increasing scale of wages to be paid the apprentice;
6. Probation. Provision for a period of probation during which the Apprenticeship and Training Council shall be council is directed to terminate the apprenticeship agreement at the request in writing of any party thereto to the apprenticeship agreement. After the probationary period, the Apprenticeship and Training Council shall be council is empowered to terminate the registration of an apprentice upon agreement of the parties;
7. Services of council. Provision A provision that the services of the Apprenticeship and Training Council council may be utilized for consultation regarding the settlement of differences arising out of the apprenticeship agreement, where such when differences cannot can not be adjudged locally or in accordance with the established trade occupation procedure;
8. Transfer of obligation of employer. Provision A provision that if an employer is unable to fulfill his the obligation under the apprenticeship agreement, he the employer may transfer such the obligation to another employer;
9. No discrimination. Provision A provision that there will may be no discrimination in employment of apprentices under the program because of sex, race, creed or color; and
10. Additional standards. Such additional Additional standards as may be prescribed in accordance with this chapter.
Sec. 6. 26 MRSA §1005, as amended by PL 1989, c. 443, §59, is repealed.
Sec. 7. 26 MRSA §1005-A, as amended by PL 1989, c. 700, Pt. A, §105, is repealed.
Sec. 8. 26 MRSA §1006, as amended by PL 1989, c. 483, Pt. A, §47, is further amended to read:
§1006. Local, regional and state joint apprenticeship committees
Local and state joint apprenticeship committees may be approved, in any trade or group of trades occupation or group of occupations, in cities, regions of the state State or trade occupation areas, by the council, whenever the apprentice training needs of such trade or group of trades any occupation or group of occupations or such regions justify such establishment. These local, regional or state joint apprenticeship committees shall be are composed of an equal number of employer and employee representatives selected by the respective local or state employer and employee organizations in the trade occupation or groups of trades occupations; and such advisory members representing local boards or other agencies as may be deemed determined advisable. Each local, regional or state joint apprenticeship committee will must include an even number of members with expertise in issues related to women, minorities or aid to families with dependent children recipients in apprenticeships who shall be are voting members, 1/2 to be chosen by the employer representatives and 1/2 to be chosen by the employee representatives. In a trade or groups of trades an occupation or group of occupations in which there is no bona fide employer or employee organization, a joint committee may be composed of persons known to represent the interests of employers and of employees respectively, or a state joint apprenticeship committee may be approved as the joint committee in such trade or group of trades that occupation or group or occupations. Subject to the review of the council and in accordance with the standards established by the council, such committees may devise standards for apprenticeship agreements and give such aid as may be necessary in their operation in their respective trades occupations and localities. The activities of the committees shall must be in compliance with all applicable affirmative action rules adopted by the council.
Sec. 9. 26 MRSA §1007, is amended to read:
§1007. Voluntary acceptance of provisions
Nothing in this This chapter, or in any apprenticeship agreement approved under this chapter, shall may not operate to invalidate any apprenticeship provision in any collective bargaining agreement between employers and employees setting up higher apprenticeship standards. None of the terms or provisions of this chapter shall apply to any person, firm, corporation or craft unless and until such person, firm, corporation or craft voluntarily elects that the terms and provisions of said this chapter shall apply.
Sec. 10. 26 MRSA §§1008 to 1009-C, are enacted to read:
In carrying out its duties on a state level, the council shall employ personnel of the Bureau of Employment Services within the Department of Labor. Specifically, the bureau must have a director of apprenticeship and training who has the responsibility of supervising the execution of agreements and the maintenance of standards. In addition, the bureau shall keep a record of apprenticeship agreements and programs and ensure that all aspects of related and supplemental instruction are delivered and coordinated in a timely manner. Apprenticeship field staff may be retained by agreements between the bureau and its service provider network. Field staff are responsible for promoting apprenticeships to employers, writing apprenticeship programs and carrying out delegated council duties.
The Commissioner of Labor is ultimately responsible for the selection and supervision of all personnel who may be employed by the council. The budget request of the council must be incorporated into the overall budget of the Department of Labor with the commissioner responsible for providing adequate staff support to the council and for the disbursement of these funds according to council policy.
The Maine Technical College System remains the primary vendor for apprenticeship-related instruction according to a biennial articulation agreement with the Department of Labor. The council shall cooperate with the Department of Education, local school authorities such as adult education and applied technology centers and other groups in the organization and establishment of classes of related or supplemental instruction for apprentices employed under approved agreements.
Any educational institution or apprenticeship sponsor may provide related and supplemental instruction according to the policies set forth by the council with participating educational providers identifying a contact person to the council staff. As funds permit, the Department of Labor shall underwrite 50% of tuition costs for apprentices in good standing at public educational institutions and provide tuition assistance to sponsor groups in accordance with council policies. In order to ensure that adequate funds are available for tuition, the council shall provide the Commissioner of Labor with its biennial plan, including projected apprenticeship enrollments and a subsequent budget request.
The council shall assist the Department of Education, the State's technical colleges, local school authorities such as adult education and applied technology centers and other groups in developing training courses to establish preapprenticeship training programs if the technical colleges, local schools and other groups wish to do so. Successful completion of preapprenticeship training programs enables a participant to meet the qualifying standards for the apprenticeship for which the participant has expressed serious interest. All preapprenticeship training programs are subject to approval by the council.
In addition, the council shall cooperate with the Maine Jobs Council, the Department of Labor and the Department of Economic and Community Development in matters relating to work force and economic development.
The council shall cooperate and consult with the Department of Corrections to develop policies concerning issues of job safety for prisoners involved in prison industries programs, work release programs and job displacement created by such programs and to develop opportunities for jobs in the prison industries programs consistent with Title 34-A, section 1403, subsection 9.
The council shall cooperate, consult and coordinate with groups that help people on welfare find jobs. The council shall also cooperate with other relevant groups to identify obstacles that may prevent the greater participation of women and of aid to families with dependent children recipients in registered apprenticeships, and the necessary measures to be taken to overcome them.
§1009-A. Outreach and expansion
Council field staff are responsible for identifying and contacting potential sponsors with whom apprenticeship programs may be developed. Staff may receive business referrals from a variety of sources including, but not limited to, local work force development centers, business visitation programs, local chambers of commerce, the Department of Economic and Community Development and the Department of Labor's Employer Assistance Division. Staff and council members may regularly conduct presentations to employer groups, schools and other interested parties and develop brochures, public service announcements and promotional videotapes for the purpose of promoting apprenticeship.
§1009-B. Technical assistance for sponsors
Council staff may provide apprenticeship sponsors with technical assistance that encourages high-quality job creation, reorganizes a workplace to remain competitive, upgrades worker skills by providing essential work competencies, occupational task analysis and instructor training. Council staff may also provide technical assistance that encourages affirmative action and recruitment of special populations.
§1009-C. Council conformity with federal regulations
All apprentice and training programs established under this chapter must conform to 29 Code of Federal Regulations, Parts 29 and 30, and any subsequent applicable provisions. The Federal Bureau of Apprenticeship and Training is available as a resource to the council.
Sec. 11. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
1997-98 1998-99
LABOR, DEPARTMENT OF
Employment Services Activity
All Other $180,000 $180,000
Appropriates funds to reflect the transfer of the responsibility for the payment of 50% of the tuition costs for certain apprentices from the Maine Technical College System.
DEPARTMENT OF LABOR ____________ ____________
TOTAL $180,000 $180,000
MAINE TECHNICAL COLLEGE SYSTEM, BOARD OF TRUSTEES OF THE
Maine Technical College System - Board of Trustees
All Other ($180,000) ($180,000)
Deappropriates funds to reflect the transfer of the responsibility for the payment of 50% of the tuition costs for certain apprentices to the Department of Labor.
BOARD OF TRUSTEES OF THE MAINE TECHNICAL COLLEGE SYSTEM ____________ ____________
TOTAL ($180,000) ($180,000)
TOTAL ____________ ____________
APPROPRIATIONS $-0- $-0-
Effective September 19, 1997, unless otherwise indicated.
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