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USA Statutes : maine
Title : Title 26. LABOR AND INDUSTRY
Chapter : Chapter 33. MAINE WORKFORCE INVESTMENT SYSTEM (HEADING. PL 1989, c. 408, @3 (new); 2003, c. 114, @17 (rpr))
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Title 26 - §2171-A. Maine Workforce Investment System
head>
Title 26: LABOR AND INDUSTRY
Chapter 33: MAINE WORKFORCE INVESTMENT SYSTEM (HEADING: PL 1989, c. 408, @3 (new); 2003, c. 114, @17 (rpr))
§2171-A. Maine Workforce Investment System
This chapter applies to actions taken under the Maine Workforce Investment System. For the purposes of this chapter, the
"Maine Workforce Investment System" means all state and federal education and training programs administered by the Department
of Labor and operated by a network of local boards and service delivery providers, including:
[2003, c. 114, §19 (new).]
1. Workforce Investment Act. The state program under the federal Workforce Investment Act of 1998, Public Law 105-220; and
[2003, c. 114, §19 (new).]
2. Maine Conservation Corps. The Maine Conservation Corps under chapter 34.
[2003, c. 114, §19 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §2171. Maine Job Training System (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 33: MAINE WORKFORCE INVESTMENT SYSTEM (HEADING: PL 1989, c. 408, @3 (new); 2003, c. 114, @17 (rpr))
§2171. Maine Job Training System (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §2172-A. Apprenticeships
head>
Title 26: LABOR AND INDUSTRY
Chapter 33: MAINE WORKFORCE INVESTMENT SYSTEM (HEADING: PL 1989, c. 408, @3 (new); 2003, c. 114, @17 (rpr))
§2172-A. Apprenticeships
1. Notification to training applicants. The Department of Labor shall explain to each person seeking to enroll in a Maine Workforce Investment System program the
general nature of registered apprenticeship programs, that a registered apprenticeship program is one of the job training
options available under the Maine Workforce Investment System and ascertain that person's interest in such a program.
[2003, c. 114, §22 (amd).]
2. Referral. When an individual's employability development plan has been developed, the Department of Labor shall:
A. Determine whether the individual's employment goal includes an apprenticeable occupation by reference to a list of apprenticeable
occupations provided by the State Apprenticeship and Training Council;
[1993, c. 630, Pt. A, §1 (new).]
B. If the occupation appears on the list of apprenticeable occupations, contact the State Apprenticeship and Training Council
for assistance in establishing a registered apprenticeship program as part of or following Maine Workforce Investment System
training;
[2003, c. 114, §23 (amd).]
C. Ensure that the State Apprenticeship and Training Council provides to the Commissioner of Labor a semiannual and annual
list of the number of Maine Workforce Investment System referrals received and the number of registered apprenticeship positions
established from these referrals; and
[2003, c. 114, §23 (amd).]
D. If a registered apprenticeship program is developed under this subsection, provide the trainee with information on educational
and training opportunities that may be of assistance for indenturing in the registered apprenticeship program.
[1993, c. 630, Pt. A, §1 (new).]
[2003, c. 114, §23 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §2172. On-the-job training contracts; apprenticeships
head>
Title 26: LABOR AND INDUSTRY
Chapter 33: MAINE WORKFORCE INVESTMENT SYSTEM (HEADING: PL 1989, c. 408, @3 (new); 2003, c. 114, @17 (rpr))
§2172. On-the-job training contracts; apprenticeships
1. Application. This section applies to all on-the-job training contracts entered into by any agency or organization, public or private,
that provides a wage subsidy for a trainee with public funds, including all contracts written under the Maine Workforce Investment
System.
[2003, c. 114, §20 (amd).]
2. Standards for on-the-job training contracts. All on-the-job training contracts must meet the following requirements of this subsection.
A. The occupation for which the contract is written is one which traditionally requires specific occupational training as a
prerequisite.
[1989, c. 408, §3 (new).]
B. The firm or establishment with which the contract is made is not involved in a strike, lockout or other labor dispute.
[1989, c. 408, §3 (new).]
C. The trainee working under the contract shall receive the same wages and benefits and be subject to the same working conditions
as other employees working an equivalent length of time and performing a substantially equivalent job at the work site.
[1989, c. 408, §3 (new).]
D. Except when the employer has good cause related to the trainee's work performance, the employer shall, upon completion of
the on-the-job training contract, offer the trainee continued employment with at least equivalent wages, benefits and working
conditions, as existed under the contract.
[1989, c. 408, §3 (new).]
E. The employer with whom the contract is made has not, in the past, violated paragraph D.
[1989, c. 408, §3 (new).]
[1989, c. 408, §3 (new).]
3. Nondisplacement; noninfringement; existing collective bargaining agreements. An on-the-job training contract may be executed only if:
A. No currently employed worker would be displaced by the trainee, including partial displacement such as reduction in the
hours of work, wages or employment benefits;
[1989, c. 408, §3 (new).]
B. The training position would not impair existing contracts for the services or collective bargaining agreements, except when
the written concurrence of the labor organization concerned has been obtained;
[1989, c. 408, §3 (new).]
C. No other individual is on layoff from the same or any substantially equivalent job for which the trainee would be trained;
[1989, c. 408, §3 (new).]
D. The employer has not terminated the employment of any regular employee or otherwise reduced the work force of the employer
with the intention of filling the vacancy so created by contracting to hire the trainee; and
[1989, c. 408, §3 (new).]
E. The job for which the individual would be trained is not being created in a promotional line that will infringe in any way
on the promotional opportunities of currently employed individuals.
[1989, c. 408, §3 (new).]
[1989, c. 408, §3 (new).]
4. Apprenticeable occupations. With respect to each placement under the Maine Workforce Investment System, the Department of Labor shall:
A. Determine whether the occupation is apprenticeable in accordance with a list of apprenticeable occupations provided by the
State Apprenticeship and Training Council;
[1989, c. 408, §3 (new).]
B. If the occupation is determined to be apprenticeable, contact the State Apprenticeship and Training Council for assistance
in establishing an apprenticeship position that would follow Maine Workforce Investment System placement;
[2003, c. 114, §21 (amd).]
C. Ensure that the State Apprenticeship and Training Council provides a semiannual and annual list to the Commissioner of Labor
on both the number of Maine Workforce Investment System referrals received and the number of apprenticeship positions that
were established from the Maine Workforce Investment System referrals; and
[2003, c. 114, §21 (amd).]
D. If an apprenticeship program is developed under this subsection, provide the trainee information on various education and
training opportunities that may be of assistance for indenturing in the apprenticeship program.
[1989, c. 408, §3 (new).]
[2003, c. 114, §21 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §2173. Labor education
head>
Title 26: LABOR AND INDUSTRY
Chapter 33: MAINE WORKFORCE INVESTMENT SYSTEM (HEADING: PL 1989, c. 408, @3 (new); 2003, c. 114, @17 (rpr))
§2173. Labor education
Each person enrolled in a program under the Maine Workforce Investment System must be provided an informational pamphlet
on labor law that explains the person's rights and responsibilities and lists the appropriate agency to contact for additional
information. The informational pamphlet must be developed and disseminated to all Maine Workforce Investment System service
providers .
[2003, c. 114, §24 (amd).]
1. Content of pamphlet. The pamphlet shall cover such laws as:
A. The National Labor Relations Act, Public Law 1935, No. 198, 49 Stat 449;
[1989, c. 408, §3 (new).]
B. The Occupational Safety and Health Act of 1970, Public Law 91-596;
[1989, c. 408, §3 (new).]
C. The Fair Labor Standards Act, Public Law 1938, No. 7118, 52 Stat 1060;
[1989, c. 408, §3 (new).]
D. The Workers' Compensation Act;
[1989, c. 408, §3 (new).]
E. Unemployment insurance laws; and
[1989, c. 408, §3 (new).]
F. State and federal laws relating to employment discrimination, including sexual harassment.
[1989, c. 408, §3 (new).]
[1989, c. 408, §3 (new).]
2. Review with providers. To enhance the trainees' knowledge of labor law, the Maine Workforce Investment System service providers shall, when offering
prevocational services to program participants, review the content of the informational pamphlet with the program participants,
unless the participants have already received this review.
[2003, c. 114, §25 (amd).]
3. Staff training. The direct service staff of the Maine Workforce Investment System service providers must receive training to expand their
knowledge of the labor laws contained in the informational pamphlet.
[2003, c. 114, §25 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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