Chapter 620
AN ACT
HB 2261
Relating to apprenticeship program; amending ORS 660.002, 660.010,
660.020, 660.060, 660.110, 660.126, 660.135, 660.137, 660.142, 660.145, 660.155
and 660.190.
Be It Enacted by the People of
the State of
SECTION 1. ORS 660.002 is amended to read:
660.002. It is the
policy of the State of
(1) To encourage the
development of an apprenticeship and training system through the voluntary
cooperation of management, labor and interested state agencies, and in
cooperation with other states and the federal government.
(2) To provide for the
establishment and [furtherance] promotion
of standards of apprenticeship and training to safeguard the welfare of
apprentices and trainees and [assure]
ensure proper training of an adequate, skilled labor force.
(3) To encourage the
preparation of persons with skills that will enable them to find gainful
employment in an ever-changing society and [insure]
ensure the continued growth and development of the economy of
SECTION 2. ORS 660.010 is amended to read:
660.010. As used in ORS
660.002 to 660.210, unless the context requires otherwise:
(1) “Apprentice” means a
worker who is at least 16 years of age, except [where] when a higher minimum age is otherwise required by
law, and who is employed to learn an apprenticeable occupation under
standards of apprenticeship approved by the State Apprenticeship and Training
Council and under an apprenticeship agreement recognized by the council.
[(2) “Apprenticeship agreement” means a written agreement between an
apprentice and either the employer or the local joint committee which shall
contain the minimum terms and conditions of the employment and training of the
apprentice.]
[(3)] (2) “Apprenticeable occupation” means a skilled trade [which] that:
(a) Is customarily
learned in a practical way through a structured, systematic program of
on-the-job supervised training;
(b) Is clearly identified
and commonly recognized throughout an industry;
(c) Involves manual,
mechanical or technical skills and knowledge [which] that require a minimum of 2,000 hours of on-the-job
supervised training; and
(d) Requires related
instruction to supplement the on-the-job training.
(3) “Apprenticeship
agreement” means a written agreement between an apprentice and either the
training agent or the local joint committee that contains the minimum terms and
conditions of the employment and training of the apprentice.
[(4) “Commissioner” means the Commissioner of the Bureau of Labor and
Industries.]
[(5) “Council” means the State Apprenticeship and Training Council.]
[(6)] (4) “Course of study” means a course of study for the
instruction of apprentices or trainees established in accordance with ORS
660.157.
[(7) “Director” means the State Director of Apprenticeship and Training.]
[(8)] (5) “District school board” includes the boards of
community college service districts, education service districts, common school
districts and community college districts.
[(9)] (6) “Employer” means any person employing the services
of an apprentice, regardless of whether [such]
the person is a party to an apprenticeship agreement with [that] the apprentice.
[(10)] (7) “Local joint committee” includes local joint
apprenticeship committees, local joint training committees and trade
committees.
[(11)] (8) “Program” means the total system of apprenticeship
as operated by a particular local joint committee, including the committee’s
registered standards and all other terms and conditions for the qualification,
recruitment, selection, employment and training of apprentices in that
apprenticeable occupation.
[(12)] (9) “Trainee” means a worker who is at least 16
years of age, except [where] when
a higher minimum age is otherwise required by law, and who is to
receive, in part consideration for services, complete instruction in an
occupation [which] that meets
all the requirements of an apprenticeable occupation, except that such occupation
requires, in the opinion of the council, less than 2,000 but not less
than 1,000 hours of on-the-job supervised training.
(10) “Training agent”
means an employer that is registered with a local joint committee and the
Apprenticeship and Training Division of the Bureau of Labor and Industries.
SECTION 3. ORS 660.020 is amended to read:
660.020. (1) Every
apprentice and either the apprentice’s [employer or the agent of the apprentice’s employer,] training
agent or the local joint committee shall sign a written apprenticeship
agreement on a form approved by the State Apprenticeship and Training Council
or on a form to which the council chairperson may grant interim approval. The
agreement shall be signed and registered with the council as soon as practicable,
but [within a period of time not to
exceed] not later than 90 days after the start of the
apprenticeship.
(2) When [the original employer has been] a
training agent is unable or unwilling to fulfill its obligations under [the] an apprenticeship agreement,
the local joint committee may approve the transfer of the [employer’s] training agent’s obligation under the program
standards to a subsequent approved [employer
or employers] training agent under the same program, with the
consent of the apprentice. In such cases, it [will not be] is not necessary to sign and register a new
apprenticeship agreement, notwithstanding the requirements of subsection (1) of
this section.
SECTION 4. ORS 660.060 is amended to read:
660.060. [In order] To be
registered with the State Apprenticeship and Training Council, every
apprenticeship or training agreement [made
after November 1, 1981,] shall contain:
(1) The names and
signatures of the [parties] apprentice
or trainee and of a parent or [a]
guardian if the apprentice or trainee is a minor;
(2) The names and
addresses of the appropriate local joint committee and of the [State Apprenticeship and Training]
council;
(3) The date of birth of
the apprentice or trainee;
(4) The beginning date
and duration of the apprenticeship or training and the apprenticeable or
trainable occupation in which the apprentice or trainee is to be trained;
(5) A statement that the
parties [thereto] to the agreement
shall abide by the applicable standards existing as of the date of the agreement,
and as amended during the duration of the agreement, and a provision
incorporating the standards[,]
explicitly or by reference as part of the agreement;
(6) A statement that
there is a probationary period during which the apprenticeship agreement may be
terminated by either party to the agreement upon written notice to the
Apprenticeship and Training Division of the Bureau of Labor and
Industries;
(7) A statement that
after the probationary period the apprenticeship agreement may be canceled at the
request of the apprentice or may be suspended, canceled or terminated by the
committee for good cause, which includes but is not limited to failure to
report to work, nonattendance at related training, failure to submit work
progress reports and lack of response to committee citations, with [due] prior written notice to the
apprentice, [and a reasonable
opportunity for correction] and with written notice to the apprentice and
to the Apprenticeship and Training Division of the Bureau of Labor and
Industries of the final action taken by the committee;
(8) Such additional
provisions as the council may deem necessary or advisable to effectuate the
policies and duties prescribed and imposed by ORS 660.002 to 660.210, provided
such provisions are customarily subject to agreement between [employers] training agents and
apprentices or trainees; and
(9) A waiver by the
apprentice granting permission for the release of related training
school records to the appropriate joint apprenticeship committee for the purpose
of evaluation.
SECTION 5. ORS 660.110 is amended to read:
660.110. (1) The State
Apprenticeship and Training Council shall consist of [11] nine members, including the Commissioner of the Bureau
of Labor and Industries[,] and [10] eight
members appointed by the Governor[,]
as follows:
[(a) Two members representing employees from
the apprenticeable crafts or trades for which programs are approved and
registered with the council;]
[(b) Two members representing employees from the industrial occupations for
which programs are approved and registered with the council;]
[(c) Two members representing industrial employers whose programs are
approved and registered with the council;]
[(d) Two members representing employers from the apprenticeable crafts
or trades whose programs are approved and registered with the council; and]
[(e) Two members representing the public.]
(a) Four members from
apprenticeable building and construction crafts or trades that have programs
approved and registered with the council, including two members representing
employers and two members representing employees;
(b) Two members from
other apprenticeable occupations that have programs approved and registered
with the council, including one member representing employers and one member
representing employees; and
(c) Two members
representing the public.
(2) To qualify to be a
member of the council, an individual shall provide the Governor with
documentation showing that the individual meets at least one of the following
requirements:
(a) Active participation
on an apprenticeship governing body for a minimum of four years; or
(b) A minimum of four
years of experience in workforce development or investment activities,
vocational training or education, apprenticeship program administration or a
related discipline.
[(2)] (3)(a) Each member shall be
appointed for a term of four years and shall hold office until a successor has
been appointed and has qualified. When the term of a member expires, the
Governor shall appoint a successor within 90 days [of] after the term expiration date. A member [shall] may not automatically be
removed from the council in midterm should the member’s industry withdraw from
the program for economic reasons.
[(3)] (b) Any vacancy occurring
among the appointed members shall be filled by appointment, as provided in this
section, for the unexpired portion of the term.
[(4)] (c) All appointments of members of the council by the
Governor are subject to confirmation by the Senate pursuant to section 4,
Article III, Oregon Constitution.
[(5)] (4) The Commissioner of the Bureau of Labor and
Industries shall serve as the chairperson of the council with the power to cast
the deciding vote in case of a tie. The council shall choose from among its
members a vice chairperson to preside at meetings and perform other functions
of the chairperson when the commissioner is absent.
[(6)] (5) Each member of the council
is entitled to compensation and expenses as provided in ORS 292.495.
SECTION 6. ORS 660.126 is amended to read:
660.126. (1)
Apprenticeship standards shall contain statements of:
(a) The apprenticeable
occupation to be taught and a designation of the geographical area or areas in
which the standards [shall be applicable]
will apply;
(b) The qualifications required
of apprentice applicants and the minimum eligible starting age, which [shall be] is at least 16 years
unless a higher age is required by law;
(c) The outline of work
processes in which the apprentice will receive supervised work experience and
training on the job, and the allocation of the approximate time to be spent in
each major process;
(d) The term required
for completion of apprenticeship, which shall be consistent with requirements
established by industry practice for the development of requisite skills, but
in no event shall be less than 2,000 hours of reasonably continuous work
experience;
(e) The approximate
number of hours to be spent by the apprentice at work and the approximate
number of hours to be spent in related and supplemental instruction;
(f) The minimum numeric
ratio of journeymen to apprentices consistent with proper supervision,
training, safety and continuity of employment, which shall be specifically and
clearly stated as to application in terms of job site, workforce, department or
plant;
(g) A probationary
period reasonable in relation to the full apprenticeship term, with full credit
given for [such] the probationary
period toward completion of apprenticeship and with provision that during the
probationary period, the apprenticeship agreement may be terminated without
cause;
(h) A progressively
increasing schedule, showing the percentages of the journeyman hourly wage to
be paid the apprentice at each level of apprenticeship achieved;
(i) Such additional
provisions as the State Apprenticeship and Training Council may, by rule, deem
necessary or advisable to effectuate the policies and duties prescribed and
imposed by ORS 660.002 to 660.210; and
(j) The content of
related training with training objectives.
(2) Notwithstanding
subsection (1) of this section, the council may approve the inclusion of
standards of additional provisions, or of provisions that depart from the
requirements of subsection (1) of this section, when such standards or
provisions have been submitted by joint employer and employee groups, or may be
part of legitimate bargaining agreements between an employer and employees. [The council,] In making its decision, [shall take into consideration] the
council shall consider the following factors:
(a) The possibility that
the provision might result in curtailment of opportunities for apprentices to
receive training or continuity of employment;
(b) The possibility that
the provision might result in the diversion of needed qualified applicants for
apprenticeship, and particularly of qualified applicants of protected classes,
into unskilled or semiskilled jobs for which an adequate supply of labor
already exists;
(c) The possibility that
the provision might result in disputes among the participants in the programs [such as] that might curtail the
cooperation necessary to build an adequate, skilled labor force in the State of
Oregon;
(d) The need to
safeguard the health, safety, continuity of employment and welfare of the
apprentices and to ensure the public welfare;
(e) The need to raise
the level of skill in each apprenticeable occupation to provide to the public
quality goods and services at a fair price and an adequate and skilled
workforce for the defense of the nation; and
(f) The need [for providing] to provide
training in the licensed occupations for the protection of the apprentices and
of the general public.
(3) The council shall
adopt rules to allow a local committee to determine the circumstances under
which an apprentice electrician, who is working under ORS 479.510
to 479.945 [who] and has
completed 6,500 hours of apprenticeship training, may work without direct
supervision during the remainder of the apprenticeship.
SECTION 7. ORS 660.135 is amended to read:
660.135. (1) In each locality where apprentices are employed, [there shall be formed] the State
Apprenticeship and Training Council may approve as many local joint
committees as are necessary to serve the needs of the various apprenticeable
occupations. Local joint committees in building and construction trades
occupations may be approved by the council only as group programs serving
multiple employers.
(2) Each local joint
committee shall have no more than eight principal members, all actively
participating in apprenticeship programs, and shall consist of an equal number
of representatives of employers and employees. [The principal] One alternate member may be selected for each
principal committee member. Committee members and the alternate members[, one
alternate for each of the principal members,] shall be selected pursuant to
procedures established by the [State
Apprenticeship and Training] council. The alternate members may attend all
committee meetings, participate in discussions and perform such duties as may
be delegated to them by the committee, but may not vote at committee meetings
except when actually [serving to
substitute] substituting for an absent principal committee member
for their respective employer or employee.
(3) To qualify as a
local joint committee member representing employees, a prospective employee
representative must be a member of the collective bargaining unit if a
collective bargaining agreement exists for the trade or occupation that is the
subject of the apprenticeship or training program administered by the committee.
If no collective bargaining agreement exists, the prospective employee
representative must be, or have been, a skilled practitioner of the particular
trade or occupation that is the subject of the apprenticeship or training
program administered by the committee.
[(3)] (4) Each local joint committee
shall select a chairperson and a secretary, for such terms and with such powers
and duties necessary for the performance of the functions of [such] those offices as the
committee determines. [The secretary
shall maintain an accurate record of all proceedings of the committee, which
shall be made available for public inspection at any reasonable time upon
request. A copy of the minutes of each meeting shall be sent to the
Commissioner of the Bureau of Labor and Industries.] A quorum for the
transaction of committee business [shall
consist] consists of two representatives of employers and two
representatives of employees. Each local joint committee shall meet as often as
is necessary to transact business. Meetings may be called by the chairperson[,] or
at the request of the majority of the members of the committee.
[(4)] (5) When an individual is employed by a joint industry
group, association or trust to assist local joint apprenticeship or training
committees, trade committees or state joint committees in the performance of
their statutory duties, [such] the
individual is authorized to perform any clerical, ministerial or other
functions as the committees may direct.
[(5) For purposes of membership as an employee representative on a local
joint committee the prospective employee representative must be a member of the
collective bargaining unit when a collective bargaining agreement exists which
covers the trade or occupation that is the subject of the apprenticeship or
training program administered by the local joint committee. When no collective
bargaining agreement exists, the prospective employee representative must be,
or have been, a skilled practitioner of the particular trade or occupation that
is the subject of the apprenticeship or training program administered by the
local joint committee.]
SECTION 8. ORS 660.137 is amended to read:
660.137. Every local
apprenticeship or training program administered by a local joint committee, or
by a trade committee functioning as a local joint committee, shall:
(1) Propose to the State
Apprenticeship and Training Council standards for the local program [which] that are in substantial
conformity with ORS 660.126 and with the uniform standards, if any, adopted by
the state joint committee for that occupation, and recommend to the council
modifications of the standards.
(2) Administer its
program in conformity with its approved standards, with the provisions of ORS
660.002 to 660.210, and with the rules and policies of the council.
Particularly, the local joint committee shall:
(a) Maintain records of
all apprentices in its program, with respect to work experience, instruction on
the job, attendance at related instruction and progress, and such other records
as may be appropriate or required, and shall submit such reports as the council
or appropriate governmental agencies may require;
(b) Submit to the state
joint committee appropriate requests for changes in courses of study for the
instruction of apprentices; and
(c) Be responsible for
apprentices receiving necessary on-the-job and related instruction, and for all
apprenticeship agreements being promptly registered with the council.
(3) Be responsible for
the recruitment, qualification, selection, approval and registration of
apprentices entering the program, including the evaluation of previous
creditable work experience, education and training for which advanced credit
must be given[;], provided[, however,] that advanced credit may be
given for such creditable experience, education and training.
(4) Review and evaluate,
at least semiannually, the progress of each apprentice, as to job performance
and related instruction, and consistent with the skill acquired, accordingly
advance the apprentice to the next level of apprenticeship or hold the
apprentice at the same level for a reasonable period, and with reasonable
opportunity for corrective action, or terminate the apprentice from the program
for serious or continued inadequate progress and notify the Apprenticeship and
Training Division of the Bureau of Labor and Industries of the action
taken. The council and the appropriate [employer or employers] training agent shall also be notified
of each rerating and of the apprentice’s new level on the wage schedule.
Recognition for successful completion of apprenticeship shall be evidenced by
an appropriate certificate issued by the council.
(5)(a) Determine
the qualifications, minimum facilities and training conditions required of an
employer to serve as an approved training agent, and approve training agents
accordingly;
(b) Make periodic
checks of approved training agents to [assure]
ensure that there are qualified training personnel and that there is
adequate supervision on the job, adequate and safe equipment and facilities for
training and supervision, and safety training for apprentices on the job and in
related instruction; and
(c) Withdraw
approval of training agents when the qualifications are no longer met or when
it appears to the committee that the [employer]
training agent is in violation of the terms of an apprenticeship
agreement, standards, provisions of ORS 660.002 to 660.210 or the rules and
policies of the council.
(6) Determine and
redetermine at least annually the average journeyman hourly rate of wage for
the purposes of ORS 660.142 and submit [such]
the rate to the State Director of Apprenticeship and Training, along
with a statement explaining how [such]
the determination was made. [Employers
who] Training agents that fail or refuse to provide their [committee] committees with
information shall be terminated as approved training agents. The council may
withhold approval of a new program or terminate an existing program for failure
or refusal by the committee or its [employers]
training agents to keep the established journeyman hourly rate of wage
current and correct. The committee shall retain all records from which a wage
determination was made for inspection by the council, as required by law.
SECTION 9. ORS 660.142 is amended to read:
660.142. (1) [No employer shall pay a registered] A
training agent may not pay an apprentice at a rate less than that obtained
by applying the schedule, set forth in the applicable standards, at the
apprentice’s level of apprenticeship, to the journeyman hourly rate of wage
currently in effect for journeymen in the occupation for which the apprentice
is being trained, as determined by the appropriate local joint committee.
(2) The journeyman
hourly wage rate shall be the average hourly wage currently being paid by the [employers] training agents
participating in a program to their skilled workers, that is, to those
employees with demonstrated knowledge, experience and proficiency in that trade
or occupation who are currently performing the type of work for which the
apprentice is to be trained. Upon receipt of a committee’s determination of its
current journeyman hourly rate of wage, the State Director of Apprenticeship
and Training shall cause notice [thereof]
of the determination to be promptly mailed to all apprentices and [employers] training agents
participating in the program. [Such] The
determination shall be in effect from the date set forth [therein] in the determination or, lacking such date, from
the first of the month following the mailing [thereof; provided, however, that no such] of the determination.
However, neither the wage determination [or] nor the effective date [shall alter] alters the terms or effect of an existing
collective bargaining agreement.
(3) If a higher
journeyman hourly wage rate [shall be]
is prescribed by federal or state law for work on a particular project,
the higher rate so established [shall be]
is controlling for purposes of determining apprentice wages applicable
to that particular project.
(4) Nothing stated in
ORS 660.002 to 660.210 shall be construed to supersede the minimum wage or
overtime provisions of ORS chapters 652 and 653, or the rules adopted under
ORS chapter 652 or 653. Anything to the contrary notwithstanding, the entry
wage (that wage derived by applying the lowest percentage on the schedule to
the current journeyman hourly wage rate) [shall]
may not be less than the federal or state minimum wage rate, whichever
is higher.
(5) The State
Apprenticeship and Training Council may make such exceptions to the apprentice
wage schedule or journeyman hourly wage rate, and to
the minimum numeric ratio of journeymen to apprentices, as it deems necessary
or advisable to further the operation of apprenticeship and training programs
in Department of Corrections institutions.
SECTION 10. ORS 660.145 is amended to read:
660.145. In an area
where it is not practicable to establish a local joint apprenticeship committee
or a local joint training committee, a trade committee for apprenticeship and
training may be formed to administer the standards of various separate programs
approved by the State Apprenticeship and Training Council. Members shall
consist of one [employer] training
agent and one employee representing each occupation affected, who shall be
selected pursuant to the procedures established by the council. A trade
committee for apprenticeship or training shall function in the manner
prescribed for a local joint committee as to all occupations affected, except
that recommendations to the council for amendments or modifications to the
standards of a particular occupation may be made only by the members from that
occupation.
SECTION 11. ORS 660.155 is amended to read:
660.155. (1) State joint
apprenticeship committees may be formed in each apprenticeable occupation for
the purpose of promoting and coordinating the apprenticeship goals of that
occupation and of developing statewide standards and related instructional
material for a course of study in that occupation. If only one joint committee
exists for a particular occupation, that local joint committee has the same
duties and powers as a state joint committee formed pursuant to this section.
This subsection does not apply to training programs.
(2) State joint
committees shall be composed of one member representing [employers] training agents and one member representing
employees from each local joint committee for that occupation. [Employer] Training agent members
of a local joint committee shall choose the [employer] training agent representative to the state joint
committee, and employee members shall choose the employee representative. The [employer] training agent and
employee members of trade committees shall be members of the state joint
committee for their respective occupations, but shall be counted in [determinating] determining a
quorum for the state joint committee only if present. An alternate member for
each principal member from a local joint committee shall also be selected in
the same manner as the principal members are selected. Each alternate member
has full authority to exercise the powers of the principal member for whom the
alternate was selected when that principal member is unable to perform as a
committee member.
(3) Each state joint
committee shall elect a chairperson and a vice chairperson, one of whom shall
represent [employers] training
agents, the other of whom shall represent employees. The committee may also
elect such other officers as it determines appropriate. All officers elected
pursuant to this subsection shall serve such terms and have such duties and
powers as the committee determines appropriate for the performance of their
functions.
(4) Meetings may be
called by the chairperson or at the request of the majority of the members of
the committee. Each state joint committee may also formulate such rules as it
deems necessary for the time, place and orderly conduct of its meetings. Each
committee shall transmit to the State Apprenticeship and Training Council a
written record of each such meeting.
SECTION 12. ORS 660.190 is amended to read:
660.190. Each community
college operating a preemployment or trade extension training program in an
apprenticeable occupation shall appoint at least one employee member and one [employer] training agent member
of an appropriate local joint committee to the advisory committee for that
training program.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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