BILL ANALYSIS Ó
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 520 Hearing Date: June 8,
2016
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|Author: |Levine |
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|Version: |February 23, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Gideon Baum |
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Subject: Apprenticeship
KEY ISSUE
Should the Legislature revise the annual report filed by the
Division of Apprenticeship Standards (DAS) and the California
Apprenticeship Council (CAC) to include any apprenticeship
standards or regulations that were proposed or adopted in the
previous year?
ANALYSIS
Existing law requires the Division of Apprenticeship Standards
(DAS) and the California Apprenticeship Council (CAC) to file an
annual report through the Director of Industrial Relations that
contains information including, but not limited to, analyses of
the following:
1)The number of individuals, including numbers of women and
minorities, registered in apprenticeship programs in this
state for the current year and in each of the previous five
years.
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2)The number and percentage of apprentices, including numbers
and percentages of minorities and women, registered in each
apprenticeship program having five or more apprentices, and
the percentage of those apprentices who have completed their
programs successfully in the current year and in each of the
previous five years.
3)Remedial actions taken by the division to assist those
apprenticeship programs having difficulty in achieving
affirmative action goals or having very low completion rates.
4)The number of disputed issues with respect to individual
apprenticeship agreements submitted to the Administrator of
Apprenticeship for determination and the number of those
issues resolved by the CAC on appeal.
5)The number of apprenticeship program applications received by
the division, the number approved, the number denied and the
reason for those denials, the number being reviewed, and
deficiencies, if any, with respect to those program
applications being reviewed.
6)The number of apprenticeship programs approved by DAS that are
disapproved by the CAC, and the reasons for those
disapprovals.
(Labor Code §3073.5)
This bill would add apprenticeship standards or regulations that
were proposed or adopted in the previous year to the annual
report from DAS and CAC.
COMMENTS
1. Background on Californias Apprenticeship System:
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Stateregistered apprenticeship is a unique and important
component of California's workforce development system. The
system is administered by the Division of Apprenticeship
Standards (DAS) and the California Apprenticeship Council
(CAC). California continues to lead the nation, with 55,280
apprentices registered in over 540 programs recognized by DAS.
The California Apprenticeship Council (CAC)
The California Apprenticeship Council (CAC) was established in
1939 by the Shelley Maloney Apprentice Labor Standards Act and
comprises 17 members, 14 of whom are appointed by the Governor
to serve fouryear terms. Of the appointed members, 6 represent
management, 6 represent labor, and 2 represent the public. The
Director of the Department of Industrial Relations (DIR), the
Superintendent of Public Instruction, and the Chancellor of
the California Community Colleges, or their permanent and best
qualified designees, are also members of CAC. The Chair of CAC
is elected annually by the members of the Council. The Chief
of DAS serves as secretary to CAC, and DAS provides staff
services. CAC holds open quarterly meetings to address issues
affecting apprenticeship in California and to fulfill its
statutory requirement to provide policy advice on
apprenticeship matters to the Administrator of Apprenticeship
and the Director of DIR. It also issues rules and regulations,
as necessary, to carry out the intent of the law and ensures
that selection procedures are impartially administered. The
Council conducts appeal hearings on matters of apprenticeship
agreement disputes, new apprenticeship standards approval, and
apprenticeship program administration.
The Division of Apprenticeship Standards (DAS)
DAS operates within DIR and administers Californias
apprenticeship law, the Shelley Maloney Apprentice Labor
Standards Act of 1939, as well as CACs regulations. As an
integral part of the California workforce development system,
the primary responsibilities of DAS are the promotion and
development of apprenticeship training programs, the
improvement of working conditions for apprentices, and the
advancement of subsequent employment opportunities for
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apprentices. DAS accomplishes these objectives by providing
consultative services to apprenticeship program sponsors,
employers, employee organizations, and education providers.
Additionally, DAS has oversight responsibilities for proper
program management of apprenticeship programs, ensuring that
high training standards are maintained for all apprentices.
DAS monitors apprentice wages, hours, working conditions,
learning of skills, length of training, and required
supplemental classroom instruction resulting in a healthy rate
of program graduations for all apprentices, including women
and people of ethnic minorities. Upon recommendation of the
apprentice's program sponsor, DAS certifies the completion of
apprenticeship programs approved by CAC. For the year 2013,
DAS issued 7,122 certificates of completion to graduating
apprentices.
2. Proponent Arguments :
According to the author, this bill improves apprenticeship
programs by increasing dialogue and communication between the
Legislature and DIR. This bill will require the DIR to
include in the annual report to the Legislature proposed or
adopted changes to apprenticeship standards.
Supporters state that, because of the sizeable state
investment in apprenticeship programs, it is critical for the
Legislature and stakeholders to have as much data and feedback
as possible about how the apprenticeship program is working.
This will help ensure that we know our investment is paying
off and apprenticeship programs are helping apprentices
matriculate through the system.
3. Opponent Arguments :
None on File.
4. Prior Legislation :
SB 792 (Padilla) of 2014 directed the Department of Industrial
Relations to establish performance standards for corrosion
prevention work. SB 792 was vetoed by Governor Brown, who
instead directed the Department of Industrial Relations to
incorporate industry accepted standards for corrosion
prevention training into the appropriate apprenticeship
programs.
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SUPPORT
International Union of Painters and Allied Trades, District
Council 16
State Building and Construction Trades Council, AFL-CIO
OPPOSITION
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