Chapter 122
2013 -- H 6062 SUBSTITUTE A
Enacted 06/24/13
A N A C T
RELATING TO
LABOR AND LABOR RELATIONS
Introduced By: Representatives Ackerman, Shekarchi, Edwards, Kazarian, and Abney
Date Introduced: May 01, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Chapter 28-3 of the General Laws entitled
"Employment of Women and
Children" is hereby
amended by adding thereto the following section:
28-3-3.3. Manufacturing
and industrial apprenticeship and internships
Manufacturing and industrial
pre-apprenticeship and internships. – Nothing
in this chapter
shall be construed to preclude any manufacturing or
industrial pre-apprenticeship or internship
program, provided that the child is sixteen (16) years of age
or older and that said pre-
apprenticeship or internship program complies with the career and
technical education regulations
promulgated by the board of education pursuant to Rhode Island
General Laws section 16-45-1 et
al.
SECTION 2. Section 28-45-3 of the General Laws in Chapter
28-45 entitled
"Apprenticeship
Programs in Trade and Industry" is hereby amended to read as follows:
28-45-3.
Powers and duties. -- (a) The
department of labor and training is the agency
with responsibility and accountability for apprenticeship
within
purposes. The council shall be a regulatory council and part
of the department of labor and
training. The council shall promulgate regulations consistent
with 29 C.F.R. 29 and 30 at the
direction of the director of the department of labor and
training and shall provide advice and
guidance to the director of the department of labor and
training on the operation of the Rhode
Island apprenticeship program. Enforcement of apprenticeship rules and regulations
shall be the
duty of the director of the department of labor and
training. In addition, the council shall:
(1) Adopt rules and
regulations to insure equality of opportunity in apprenticeship
programs pursuant to the
(2) Establish trade,
craft, manufacturing, or industrial standards for apprenticeship or
training agreements in cooperation with a joint employer and
employee groups in conformity
with 29 C.F.R. 29.5;
(3) Establish program
performance standards in conformity with 29 C.F.R. 29.6;
(4) Hold at least four
(4) regular public meetings each year; any additional meetings
considered necessary shall be held at the call of the chairperson,
or at the written request of a
majority of the members of the council;
(5) Formulate and
publish rules of procedure for the function of local, regional, and state
joint apprenticeship committees and for the filling of
vacancies on those committees;
(6) Adopt rules and
regulations concerning the following:
(i)
The contents of apprenticeship agreements in conformity with 29 C.F.R. 29.7;
(ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. 29.4;
(iii) Reciprocal
approval for federal purposes to apprentices, apprenticeship programs
and standards that are registered in other states by the
apprenticeship program recognized by the
requested by the apprenticeship program sponsor;
(iv)
The cancellation and/or deregistration of programs, and for temporary
suspension,
cancellation, and/or deregistration of apprenticeship agreements
as provided in 29 C.F.R. 29.8
and 29.9;
(v) The standards of
apprenticeship, program performance standards, apprenticeship
agreements, deregistration of registered apprenticeship
programs, reinstatement of apprenticeship
programs, and reciprocal approval of apprentices from other states.
(b) The department of
labor and training in accord with its regulations and this chapter
shall:
(1) Encourage the
promotion, expansion, and improvement of programs of
apprenticeship training and pre-apprenticeship and the making of apprenticeship
agreements;
(2) Bring about the
settlement of differences arising out of an apprenticeship agreement
when those differences cannot be adjusted locally or in
accordance with established trade
procedure;
(3) Supervise
the execution of agreements and maintenance of standards;
(4) Register or
terminate or cancel the registration of apprenticeship programs and
apprenticeship agreements;
(5) Issue certificates
of completion of apprenticeship;
(6) Keep a record of
apprenticeship programs and apprentice agreements and their
disposition;
(7) Render any
assistance and submit any information and data that may be requested by
employers, employees, and joint apprenticeship committees
engaged in the formulation and
operation of programs of apprenticeship, particularly in regard
to work schedules, wages,
conditions of employment, apprenticeship records, and number of
apprentices;
(8) Adopt rules and
regulations to insure nondiscrimination in all phases of
apprenticeship and employment during apprenticeship;
(9) Register trade,
craft, manufacturing, or industrial standards for apprenticeship or
training agreements in cooperation with joint employer and
employee groups and in conformity
with this chapter, or approve and register trade, craft, manufacturing,
or industrial standards for
agreements submitted which are in conformity with this chapter,
and disapprove those standards
or agreements submitted which are not in conformity with
this chapter, to the extent deemed
appropriate;
(10) Establish
committees and approve nominations to existing committees which are
submitted in conformity with this chapter;
(11) Terminate
registration of committees for failure of the committee to abide by the
provisions of this chapter; and
(12) Perform any other
duties that are described and imposed by this chapter.
SECTION 3. This act shall take effect upon passage.
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LC02383/SUB A
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