2013 -- S 0950 SUBSTITUTE A

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LC02545/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS

     Introduced By: Senators Goodwin, Ruggerio, Archambault, Lombardi, and P Fogarty

     Date Introduced: May 16, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 28-3 of the General Laws entitled "Employment of Women and

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Children" is hereby amended by adding thereto the following section:

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     28-3-3.3. Manufacturing and industrial apprenticeship and internships

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Manufacturing and industrial pre-apprenticeship and internships. – Nothing in this chapter

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shall be construed to preclude any manufacturing or industrial pre-apprenticeship or internship

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program, provided that the child is sixteen (16) years of age or older and that said pre-

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apprenticeship or internship program complies with the career and technical education regulations

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promulgated by the board of education pursuant to Rhode Island General Laws section 16-45-1 et

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al.

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     SECTION 2. Section 28-45-3 of the General Laws in Chapter 28-45 entitled

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"Apprenticeship Programs in Trade and Industry" is hereby amended to read as follows:

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     28-45-3. Powers and duties. -- (a) The department of labor and training is the agency

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with responsibility and accountability for apprenticeship within Rhode Island for federal

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purposes. The council shall be a regulatory council and part of the department of labor and

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training. The council shall promulgate regulations consistent with 29 C.F.R. 29 and 30 at the

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direction of the director of the department of labor and training and shall provide advice and

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guidance to the director of the department of labor and training on the operation of the Rhode

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Island apprenticeship program. Enforcement of apprenticeship rules and regulations shall be the

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duty of the director of the department of labor and training. In addition, the council shall:

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      (1) Adopt rules and regulations to insure equality of opportunity in apprenticeship

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programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship;

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      (2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or

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training agreements in cooperation with a joint employer and employee groups in conformity

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with 29 C.F.R. 29.5;

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      (3) Establish program performance standards in conformity with 29 C.F.R. 29.6;

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      (4) Hold at least four (4) regular public meetings each year; any additional meetings

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considered necessary shall be held at the call of the chairperson, or at the written request of a

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majority of the members of the council;

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      (5) Formulate and publish rules of procedure for the function of local, regional, and state

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joint apprenticeship committees and for the filling of vacancies on those committees;

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      (6) Adopt rules and regulations concerning the following:

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      (i) The contents of apprenticeship agreements in conformity with 29 C.F.R. 29.7;

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      (ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. 29.4;

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      (iii) Reciprocal approval for federal purposes to apprentices, apprenticeship programs

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and standards that are registered in other states by the U.S. department of labor or another state

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apprenticeship program recognized by the U.S. department of labor if such reciprocity is

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requested by the apprenticeship program sponsor;

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      (iv) The cancellation and/or deregistration of programs, and for temporary suspension,

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cancellation, and/or deregistration of apprenticeship agreements as provided in 29 C.F.R. 29.8

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and 29.9;

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      (v) The standards of apprenticeship, program performance standards, apprenticeship

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agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship

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programs, and reciprocal approval of apprentices from other states.

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      (b) The department of labor and training in accord with its regulations and this chapter

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shall:

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      (1) Encourage the promotion, expansion, and improvement of programs of

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apprenticeship training and pre-apprenticeship and the making of apprenticeship agreements;

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      (2) Bring about the settlement of differences arising out of an apprenticeship agreement

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when those differences cannot be adjusted locally or in accordance with established trade

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procedure;

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      (3) Supervise the execution of agreements and maintenance of standards;

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      (4) Register or terminate or cancel the registration of apprenticeship programs and

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apprenticeship agreements;

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      (5) Issue certificates of completion of apprenticeship;

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      (6) Keep a record of apprenticeship programs and apprentice agreements and their

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disposition;

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      (7) Render any assistance and submit any information and data that may be requested by

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employers, employees, and joint apprenticeship committees engaged in the formulation and

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operation of programs of apprenticeship, particularly in regard to work schedules, wages,

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conditions of employment, apprenticeship records, and number of apprentices;

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      (8) Adopt rules and regulations to insure nondiscrimination in all phases of

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apprenticeship and employment during apprenticeship;

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      (9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or

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training agreements in cooperation with joint employer and employee groups and in conformity

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with this chapter, or approve and register trade, craft, manufacturing, or industrial standards for

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agreements submitted which are in conformity with this chapter, and disapprove those standards

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or agreements submitted which are not in conformity with this chapter, to the extent deemed

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appropriate;

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      (10) Establish committees and approve nominations to existing committees which are

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submitted in conformity with this chapter;

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      (11) Terminate registration of committees for failure of the committee to abide by the

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provisions of this chapter; and

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      (12) Perform any other duties that are described and imposed by this chapter.

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     SECTION 3. This act shall take effect upon passage.

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LC02545/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS

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     This act would direct the department of labor to establish manufacturing standards for

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pre-apprenticeship or training agreements with a joint employer and employee groups.

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     This act would take effect upon passage.

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LC02545/SUB A

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