1.1.................... moves to amend H.F. No. 2087 as follows:
1.2Page 1, after line 9, insert:
1.3 "Section 1. Minnesota Statutes 2010, section 178.01, is amended to read:
1.4178.01 PURPOSES.
1.5 The purposes of this chapter are: to open to
young all people regardless of race,
1.6sex, creed, color or national origin, the opportunity to obtain training and on-the-job
1.7learning that will equip them for profitable employment and citizenship; to establish as
1.8a means to this end, a program of voluntary apprenticeship under approved
apprentice
1.9apprenticeship agreements providing facilities for their training and guidance in the arts,
1.10skills, and crafts of industry and trade
or occupation, with concurrent, supplementary
1.11instruction in related subjects; to promote apprenticeship opportunities under conditions
1.12providing adequate training and on-the-job learning and reasonable earnings; to relate the
1.13supply of skilled workers to employment demands; to establish standards for apprentice
1.14training; to establish an Apprenticeship Board and apprenticeship committees to assist in
1.15effectuating the purposes of this chapter; to provide for a Division of Labor Standards
1.16and Apprenticeship within the Department of Labor and Industry; to provide for reports
1.17to the legislature regarding the status of apprentice training in the state; to establish a
1.18procedure for the determination of
apprentice apprenticeship agreement controversies;
1.19and to accomplish related ends.
1.20 Sec. 2. Minnesota Statutes 2010, section 178.03, subdivision 3, is amended to read:
1.21 Subd. 3.
Duties and functions. The director, under the supervision of the
1.22commissioner, and with the advice and consultation of the Apprenticeship Board, is
1.23authorized: to administer the provisions of this chapter; to promote apprenticeship and
1.24other forms of on-the-job learning; to establish, in cooperation and consultation with the
1.25Apprenticeship Board and with the apprenticeship committees, conditions, training, and
2.1learning standards for the approval of apprenticeship programs and agreements, which
2.2conditions and standards shall in no case be lower than those (1) prescribed by this chapter,
2.3and (2) established under Code of Federal Regulations, title 29, part 29; to promote equal
2.4employment opportunity in apprenticeship and other on-the-job learning and to establish
2.5a Minnesota plan for equal employment opportunity in apprenticeship which shall be
2.6consistent with standards established under Code of Federal Regulations, title 29, part 30,
2.7as amended; to issue certificates of registration to sponsors of approved apprenticeship
2.8programs; to act as secretary of the Apprenticeship Board; to approve, if of the opinion
2.9that approval is for the best interest of the apprentice, any apprenticeship agreement which
2.10meets the standards established hereunder; to terminate any apprenticeship agreement in
2.11accordance with the provisions of such agreement; to keep a record of apprenticeship
2.12agreements and their disposition; to issue certificates of completion of apprenticeship;
2.13and to perform such other duties as the commissioner deems necessary to carry out the
2.14intent of this chapter; provided, that the administration and supervision of supplementary
2.15instruction in related subjects for apprentices; coordination of instruction on a concurrent
2.16basis with job experiences, and the selection and training of teachers and coordinators
2.17for such instruction shall be the function of state and local boards responsible for
2.18vocational education. The director shall have the authority to make wage determinations
2.19applicable to the graduated schedule of wages and
journeyman journeyworker wage rate
2.20for apprenticeship agreements, giving consideration to the existing wage rates prevailing
2.21throughout the state, except that no wage determination by the director shall alter an
2.22existing wage provision for apprentices or journeymen that is contained in a bargaining
2.23agreement in effect between an employer and an organization of employees, nor shall the
2.24director make any determination for the beginning rate for an apprentice that is below the
2.25wage minimum established by federal or state law.
2.26 Sec. 3. Minnesota Statutes 2010, section 178.03, subdivision 4, is amended to read:
2.27 Subd. 4.
Reciprocity approval. The director, if requested by a sponsoring entity,
2.28shall grant reciprocity approval to apprenticeship programs of employers and unions
2.29who jointly form a sponsoring entity on a multistate basis in other than the building
2.30construction industry if such programs are in conformity with this chapter and have been
2.31registered in compliance with Code of Federal Regulations, title 29, part 29, by a state
2.32apprenticeship council recognized by or registered with the
Bureau of Apprenticeship
2.33and Training, United States Department of Labor,
Office of Apprenticeship, when such
2.34approval is necessary for federal purposes under Code of Federal Regulations, title 29,
2.35section
29.13(a)
or 29.13(b)(7).
3.1 Sec. 4. Minnesota Statutes 2010, section 178.05, subdivision 1, is amended to read:
3.2 Subdivision 1.
Establishment of committees. Apprenticeship committees may
3.3be established by the director to supervise the operation of apprenticeship programs.
3.4Establishment of a committee may be considered justified if either of the following
3.5conditions are met:
3.6(a) When the employers and employees in a trade
or occupation or trades
or
3.7occupations are parties to a collective bargaining agreement requiring joint participation
3.8in program operation; or
3.9(b) When five or more apprentices are enrolled under a program.
3.10 Sec. 5. Minnesota Statutes 2010, section 178.05, subdivision 2, is amended to read:
3.11 Subd. 2.
Members. (a) The total number of members on a committee may range
3.12from four to twelve.
3.13(b) In joint participation there shall be equal representation of employers and
3.14employees.
3.15(c) Members shall be selected by the group or groups they represent subject to
3.16approval by the director.
3.17(d) A committee may have as one of its employee representatives, an active
3.18apprentice of record, provided that the apprentice has completed a minimum of 6,000
3.19hours of an apprenticeship term or has entered the fourth year of the term.
3.20 Sec. 6. Minnesota Statutes 2010, section 178.06, is amended to read:
3.21178.06 APPRENTICE.
3.22The term "apprentice," as used herein, means a person at least 16 years of age who
3.23has entered into a written agreement, hereinafter called an
apprentice apprenticeship
3.24agreement, with a committee, an employer, an association of employers, or an organization
3.25of employees, which
apprentice agreement provides for
learning consistent with this
3.26chapter and Code of Federal Regulations, title 29, section 29.5(b)(1) and (b)(2):
3.27(1) a time-based approach involving not less than 2,000 hours or one year
3.28of reasonably continuous employment for such person and for participation in an
3.29approved program of on-the-job learning through employment and through concurrent,
3.30supplementary education in related subjects;
3.31(2) a competency-based approach involving successful demonstration of acquired
3.32skills and knowledge by an apprentice plus on-the-job learning; or
3.33(3) a hybrid approach involving the completion of a specified minimum number of
3.34hours plus the successful demonstration of competency.
4.1 Whenever a minimum age exceeding 16 years is prescribed by federal or state law
4.2to apply to workers in certain hazardous occupations, the minimum age so prescribed
4.3shall be applicable to apprentices.
4.4 Sec. 7. Minnesota Statutes 2010, section 178.07, is amended to read:
4.5178.07 APPRENTICE APPRENTICESHIP AGREEMENTS.
4.6Every
apprentice apprenticeship agreement entered into under this chapter shall
4.7contain:
4.8(1) the names of the contracting parties;
4.9(2) the date of birth, and information as to the race and sex of the apprentice;
4.10(3) a statement of the trade, craft,
occupation, or business which the apprentice is to
4.11be taught, and the time at which the apprenticeship will begin and end;
4.12(4) a statement showing the number of hours to be spent by the apprentice in work
4.13and the number of hours to be spent in concurrent, supplementary instruction in related
4.14subjects, which instruction shall be not less than 144 hours during each year of the
4.15apprenticeship term. The maximum number of hours of work per week not including time
4.16spent in related and supplemental instruction for any apprentice shall not exceed either
4.17the number prescribed by law or the customary regular number of hours per week for the
4.18employees of the company by which the apprentice is employed. An apprentice may
4.19be allowed to work overtime provided that the overtime work does not conflict with
4.20supplementary instruction course attendance. All time in excess of the number of hours of
4.21work per week as specified in the apprenticeship agreement shall be considered overtime.
4.22For overtime, the apprentice's rate of pay shall be increased by the same percentage as the
4.23journeyman's journeyworker's rate of pay for overtime is increased in the same industry or
4.24establishment;
4.25(5) a statement setting forth a schedule of the processes in the trade
, occupation,
4.26or industry divisions in which the apprentice is to be taught and the approximate time to
4.27be spent at each process;
4.28(6) a statement of the graduated scale of wages to be paid the apprentice and whether
4.29the required school time shall be compensated;
4.30(7) a statement providing for a period of probation of not more than 500 hours of
4.31employment and instruction extending over not more than four months, during which time
4.32the
apprentice apprenticeship agreement shall be terminated by the director upon written
4.33request of either party, and providing that after such probationary period the
apprentice
4.34apprenticeship agreement may be terminated by the director by mutual agreement of all
4.35parties thereto, or terminated by the director for good and sufficient reason;
5.1(8) a provision that controversies or differences concerning the terms of the
5.2apprentice apprenticeship agreement which cannot be resolved by the parties thereto, or
5.3which are not covered by a collective bargaining agreement, may be submitted to the
5.4director for determination as provided for in section
178.09;
5.5(9) a provision that an employer who is unable to fulfill an obligation under the
5.6apprentice apprenticeship agreement may, with the approval of the director, transfer such
5.7contract to any other employer, provided that the apprentice consents and that such other
5.8employer agrees to assume the obligations of the
apprentice apprenticeship agreement; and
5.9(10) such additional terms and conditions as may be prescribed or approved by the
5.10director not inconsistent with the provisions of this chapter.
5.11 Sec. 8. Minnesota Statutes 2010, section 178.08, is amended to read:
5.12178.08 DIRECTOR TO APPROVE APPRENTICE APPRENTICESHIP
5.13AGREEMENTS.
5.14Every
apprentice apprenticeship agreement is subject to approval by the director
5.15and shall be signed by the committee, the employer, an association of employers, or
5.16an organization of employees, and by the apprentice, and if the apprentice is a minor,
5.17by a parent or legal guardian. When a minor enters into an
apprentice apprenticeship
5.18agreement under this chapter for a period of learning extending into majority the
5.19apprentice apprenticeship agreement shall likewise be binding for such a period as may be
5.20covered during the apprentice's majority.
5.21 Sec. 9. Minnesota Statutes 2010, section 178.09, subdivision 1, is amended to read:
5.22 Subdivision 1.
Complaint. Upon the complaint of any interested person or upon
5.23the director's own initiative the director may investigate to determine if there has been a
5.24violation of the terms of an
apprentice apprenticeship agreement made under this chapter.
5.25The director may conduct such proceedings as are necessary for that investigation and
5.26determination. All such proceedings shall be on a fair and impartial basis and shall be
5.27conducted according to rules promulgated under section
178.041.
5.28 Sec. 10. Minnesota Statutes 2010, section 178.09, subdivision 2, is amended to read:
5.29 Subd. 2.
Determination; appeal. The determination of the director shall be filed
5.30with the commissioner and written notice shall be served on all parties affected by it.
5.31Any person aggrieved by any determination or action of the director may appeal to the
5.32commissioner. If no appeal is filed with the commissioner within ten days of the date
5.33of service, the director's determination shall become the order of the commissioner. If
6.1an appeal is filed, the commissioner shall appoint and convene a hearing board to be
6.2composed of three members of the
council apprenticeship board appointed under section
6.3178.02, one member being a representative of an employer organization, one representative
6.4being a member of an employee organization, and one member representing the general
6.5public. The board shall hold a hearing on the appeal after due notice to the interested
6.6parties and shall submit to the commissioner findings of fact and a recommended decision
6.7accompanied by a memorandum of the reasons for it. Within 30 days after submission,
6.8the commissioner may adopt the recommended decision of the board, or disregard the
6.9recommended decision of the board and prepare a decision based on the findings of fact
6.10and accompanied by a memorandum of reasons for that decision. Written notice of the
6.11commissioner's determination and order shall be served on all parties affected by it. Any
6.12person aggrieved or affected by any determination or order of the commissioner may
6.13appeal from it to the district court having jurisdiction at any time within 30 days after the
6.14date of the order by service of a written notice of appeal on the commissioner. Upon
6.15service of the notice of appeal, the commissioner shall file with the court administrator
6.16of the district court to which the appeal is taken a certified copy of the order appealed
6.17from, together with findings of fact on which it is based. The person serving a notice of
6.18appeal shall, within five days after its service, file it, with proof of service, with the court
6.19administrator of the court to which the appeal is taken. The district court shall then have
6.20jurisdiction over the appeal and it shall be entered in the records of the district court and
6.21tried de novo according to the applicable rules. Any person aggrieved or affected by any
6.22determination, order, or decision of the district court may appeal as in other civil cases."
6.23Page 2, line 36, delete "
, paragraph (e)"
6.24Page 3, line 3, strike "produce or"
6.25Page 5, line 1, after "
parts" insert "
1300.0230, subpart 4;"
6.26Renumber the sections in sequence and correct the internal references
6.27Amend the title accordingly