California Legislature—2015–16 Regular Session

Assembly BillNo. 1308


Introduced by Assembly Member Perea

February 27, 2015


An act to amend Section 3075 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1308, as introduced, Perea. Apprenticeship programs: approval.

Existing law provides for the establishment of apprenticeship programs in various trades, to be approved by the Chief of the Division of Apprenticeship Standards within the Department of Industrial Relations in any trade in the state or in a city or trade area whenever the apprentice training needs justify the establishment. Under existing law, the apprentice training needs in the building and construction trades are required to be deemed to justify a new apprentice program only if one or more specified conditions are met. Existing law also authorizes the California Apprenticeship Council to approve a new apprenticeship program if special circumstances, as established by regulation, justify the establishment of the program. The California Apprenticeship Council has not established any regulations to approve a new apprenticeship program justified by special circumstances.

This bill would revise conditions for when the apprentice training needs in the building and construction trades justify a new apprentice program. This bill would also remove the authority of the California Apprenticeship Council to approve a new apprenticeship program justified by special circumstances by regulation.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 3075 of the Labor Code is amended to
2read:

3

3075.  

(a) An apprenticeship program may be administered by
4a joint apprenticeship committee, unilateral management or labor
5apprenticeship committee, or an individual employer. Programs
6may be approved by the chief in any trade in the state or in a city
7or trade area, whenever the apprentice training needs justify the
8establishment. Where a collective bargaining agreement exists, a
9program shall be jointly sponsored unless either party to the
10agreement waives its right to representation in writing. Joint
11apprenticeship committees shall be composed of an equal number
12of employer and employee representatives.

13(b) For purposes of this section, the apprentice training needs
14in the building and construction trades shall be deemed to justify
15the approval of a new apprenticeship program only if any of the
16following conditions are met:

17(1) There is no existing apprenticeship program approved under
18this chapter serving the same craft or trade and geographic area.

19(2) Existing apprenticeship programs approved under this
20chapter that serve the same craft or trade and geographic area do
21not have the capacity, or neglect or refuse, to dispatch sufficient
22apprentices to qualified employers at a public works site whobegin insert have
23requested apprentices andend insert
are willing to abide by the applicable
24apprenticeship standardsbegin insert, as shown by a sustained pattern of
25unfilled requestsend insert
.

26(3) Existing apprenticeship programs approved under this
27chapter that serve the same trade and geographic area have been
28identified by the California Apprenticeship Council as deficient
29in meeting their obligations under this chapter.

begin delete

30(c) Notwithstanding subdivision (b), the California
31Apprenticeship Council may approve a new apprenticeship
32program if special circumstances, as established by regulation,
33justify the establishment of the program.

end delete
begin insert

34(c) For purposes of this section, an existing apprenticeship
35program serves the “same craft or trade” as a proposed
36apprenticeship program when there would be a substantial overlap
37in the work processes covered by the programs or when graduates
38of the existing program would be qualified to perform a substantial
P3    1portion of the work that would be performed by graduates of the
2new program.

end insert


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