USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 610 - APPRENTICESHIPS
As used in this chapter, unless the
context otherwise requires:
1. “Agreement” means a written and signed agreement of indenture
as an apprentice.
2. “Apprentice” means a person who is covered by a written
agreement, issued pursuant to a program with an employer, or with an
association of employers or an organization of employees acting as agent
for an employer.
3. “Disability” means, with respect to a person:
(a) A physical or mental impairment that substantially limits one
or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
4. “Program” means a program of training and instruction as an
apprentice in an occupation in which a person may be apprenticed.
5. “Sexual orientation” means having or being perceived as having
an orientation for heterosexuality, homosexuality or bisexuality.
[7:192:1939; 1931 NCL § 506.06]—(NRS A 1977, 281; 1979, 766; 1987,
442; 1991, 1021; 1999, 1935 )
The purposes of this chapter are:
1. To open to people, without regard to race, color, creed, sex,
sexual orientation, religion, disability or national origin, the
opportunity to obtain training that will equip them for profitable
employment and citizenship.
2. To establish, as a means to this end, an organized program for
the voluntary training of persons under approved standards for
apprenticeship, providing facilities for their training and guidance in
the arts and crafts of industry and trade, with instruction in related
and supplementary education.
3. To promote opportunities for employment for all persons,
without regard to race, color, creed, sex, sexual orientation, religion,
disability or national origin, under conditions providing adequate
training and reasonable earnings.
4. To regulate the supply of skilled workers in relation to the
demand for skilled workers.
5. To establish standards for the training of apprentices in
approved programs.
6. To establish a State Apprenticeship Council with the authority
to carry out the purposes of this chapter and provide for local joint
apprenticeship committees to assist in carrying out the purposes of this
chapter.
7. To provide for a State Director of Apprenticeship.
8. To provide for reports to the Legislature and to the public
regarding the status of the training of apprentices in the State.
9. To establish procedures for regulating programs and deciding
controversies concerning programs and agreements.
10. To accomplish related ends.
[1:192:1939; 1931 NCL § 506]—(NRS A 1960, 79; 1975, 1454; 1977,
282; 1987, 442; 1991, 1022; 1999, 1936 )
STATE APPRENTICESHIP COUNCIL
1. A State Apprenticeship Council composed of seven members is
hereby created.
2. The Labor Commissioner shall appoint:
(a) Three members who are representatives from employer
associations and have knowledge concerning occupations in which a person
may be apprenticed.
(b) Three members who are representatives from employee
organizations and have knowledge concerning occupations in which a person
may be apprenticed.
(c) One member who is a representative of the general public and
who, before his appointment, must first receive the unanimous approval of
the members appointed under the provisions of paragraphs (a) and (b).
3. The state official who has been designated by the State Board
for Career and Technical Education as being in charge of trade and
industrial education is an ex officio member of the State Apprenticeship
Council but may not vote.
[Part 2:192:1939; 1931 NCL § 506.01]—(NRS A 1985, 818; 1987, 443;
2005, 1053 )
1. In making the initial appointments to the Council, the Labor
Commissioner shall appoint:
(a) One member who is a representative from employer associations,
one member who is a representative from employee organizations, and one
member who is the representative from the general public for terms of 1
year.
(b) One member who is a representative from employer associations
and one member who is a representative from employee organizations for
terms of 2 years.
(c) One member who is a representative from employer associations
and one member who is a representative from employee organizations for
terms of 3 years.
2. After the initial appointments provided for in subsection 1,
each member shall serve for a term of 3 years.
[Part 2:192:1939; 1931 NCL § 506.01]—(NRS A 1977, 1245)
Any member appointed to fill a vacancy
occurring prior to the expiration of the term of his predecessor shall be
appointed for the remainder of the term.
[Part 2:192:1939; 1931 NCL § 506.01]
1. The member who is a representative of the general public shall
act as Chairman of the State Apprenticeship Council but shall not vote on
matters before the Council except in the case of a tie.
2. The Labor Commissioner or his appointed representative is the
ex officio Secretary of the State Apprenticeship Council, but may not
vote.
[Part 2:192:1939; 1931 NCL § 506.01] + [Part 3:192:1939; 1931 NCL §
506.02]—(NRS A 1987, 443)
The State Apprenticeship Council shall meet
at least once in each calendar quarter and may meet at other times at the
call of a majority of its members.
[Part 2:192:1939; 1931 NCL § 506.01]—(NRS A 1977, 282; 1983, 1448;
1987, 444)
1. Each member of the State Apprenticeship Council is entitled to
receive a salary of not more than $80 per day, as fixed by the Council
while attending meetings of the Council.
2. While engaged in the business of the Council, each member and
employee of the Council is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally.
[Part 12 1/2:192:1939; added 1947, 766; 1943 NCL § 506.11a]—(NRS A
1969, 772; 1975, 300; 1981, 1989; 1987, 1312; 1989, 1721)
The State Apprenticeship Council shall:
1. Establish standards for programs and agreements that are not
lower than those prescribed by this chapter.
2. Upon review and approval, extend written reciprocal recognition
to multistate joint programs.
3. Adopt such regulations as may be necessary to carry out the
intent and purposes of this chapter.
4. Perform such other functions as may be necessary for the
fulfillment of the intent and purposes of this chapter.
[Part 2:192:1939; 1931 NCL § 506.01]—(NRS A 1987, 444)
The State Apprenticeship Council
shall:
1. Register and approve or reject proposed programs and standards
for apprenticeship.
2. After providing notice and a hearing and for good cause shown,
deny an application for approval of a program, suspend, terminate, cancel
or place conditions upon any approved program, or place an approved
program on probation for any violation of the provisions of this title as
specified in regulations adopted by the State Apprenticeship Council.
(Added to NRS by 1987, 442; A 2001, 481 )
The State
Apprenticeship Council shall make a report of its activities and
findings, through the Labor Commissioner, as provided in NRS 607.080
, to the Legislature and to the public.
[Part 2:192:1939; 1931 NCL § 506.01]—(NRS A 1965, 68)
ADMINISTRATION AND ENFORCEMENT
The Labor Commissioner or his duly appointed
representative shall be ex officio State Director of Apprenticeship.
[Part 3:192:1939; 1931 NCL § 506.02]
1. The State Director of Apprenticeship shall:
(a) Administer the provisions of this chapter with the advice and
guidance of the State Apprenticeship Council.
(b) In cooperation with the State Apprenticeship Council and local
or state joint apprenticeship committees, set up conditions and standards
for proposed programs, that are not less stringent than those prescribed
by this chapter.
(c) Approve any agreement which meets the standards established
under this chapter and terminate or cancel any agreement in accordance
with the provisions of the agreement, the program, this chapter and the
standards approved by the State Apprenticeship Council.
(d) Keep a record of agreements and their dispositions.
(e) Issue certificates of completion of apprenticeship at the
request of the local joint apprenticeship committee.
(f) Perform such other duties as are necessary to carry out the
intent and purposes of this chapter.
2. The administration and supervision of related and supplemental
instruction for apprentices, coordination of instruction with job
experiences, and the selection and training of teachers and coordinators
for that instruction are the responsibility of the local joint
apprenticeship committees.
[4:192:1939; 1931 NCL § 506.03]—(NRS A 1977, 282; 1987, 444)
1. A local or state apprenticeship committee shall:
(a) In accordance with standards set up by the State Apprenticeship
Council, work in an advisory capacity with employers and employees in
matters regarding schedules of operations, application of wage rates, and
working conditions for apprentices, which conditions must specify the
number of apprentices which may be employed locally in the trade under
programs and agreements entered into under this chapter.
(b) Adjust disputes concerning apprenticeships not otherwise
provided for in bona fide collective bargaining agreements.
(c) Within 10 days after the termination of any agreement, submit
to the State Apprenticeship Council a written notice which includes the
name of the apprentice and the reason for the termination.
(d) Keep the State Apprenticeship Council informed of all actions.
2. The decisions of local or state joint apprenticeship committees
are, at all times, subject to appeal to the State Apprenticeship Council.
[6:192:1939; 1931 NCL § 506.05]—(NRS A 1977, 283; 1987, 444)
To be
eligible for registration and approval by the State Apprenticeship
Council, a proposed program must:
1. Be an organized, written plan embodying the terms and
conditions of employment, training and supervision of one or more
apprentices in an occupation in which a person may be apprenticed and be
subscribed to by a sponsor who has undertaken to carry out the program.
2. Contain the pledge of equal opportunity prescribed in 29 C.F.R.
§ 30.3(b) and, when applicable:
(a) A plan of affirmative action in accordance with 29 C.F.R. §
30.4;
(b) A method of selection authorized in 29 C.F.R. § 30.5;
(c) A nondiscriminatory pool for application as an apprentice; or
(d) Similar requirements expressed in a state plan for equal
opportunity in employment in apprenticeships adopted pursuant to 29
C.F.R. Part 30 and approved by the Department of Labor.
3. Contain:
(a) Provisions concerning the employment and training of the
apprentice in a skilled trade;
(b) A term of apprenticeship of not less than 2,000 hours of work
experience, consistent with training requirements as established by
practice in the trade;
(c) An outline of the processes in which the apprentice will
receive supervised experience and training on the job, and the allocation
of the approximate time to be spent in each major process;
(d) Provisions for organized, related and supplemental instruction
in technical subjects related to the trade with a minimum of 144 hours
for each year of apprenticeship, given in a classroom or through trade,
industrial or correspondence courses of equivalent value or other forms
of study approved by the State Apprenticeship Council;
(e) A progressively increasing, reasonable and profitable schedule
of wages to be paid to the apprentice consistent with the skills
acquired, not less than that allowed by federal or state law or
regulations or by a collective bargaining agreement;
(f) Provisions for a periodic review and evaluation of the
apprentice’s progress in performance on the job and related instruction
and the maintenance of appropriate records of his progress;
(g) A numeric ratio of apprentices to journeymen consistent with
proper supervision, training, safety, continuity of employment and
applicable provisions in collective bargaining agreements, in language
that is specific and clear as to its application in terms of job sites,
workforces, departments or plants;
(h) A probationary period that is reasonable in relation to the
full term of apprenticeship, with full credit given for that period
toward the completion of the full term of apprenticeship;
(i) Provisions for adequate and safe equipment and facilities for
training and supervision and for the training of apprentices in safety on
the job and in related instruction;
(j) The minimum qualifications required by a sponsor for persons
entering the program, with an eligible starting age of not less than 16
years;
(k) Provisions for the placement of an apprentice under a written
agreement as required by this chapter, incorporating directly or by
reference the standards of the program;
(l) Provisions for the granting of advanced standing or credit to
all applicants on an equal basis for previously acquired experience,
training or skills, with commensurate wages for each advanced step
granted;
(m) Provisions for the transfer of the employer’s training
obligation when he is unable to fulfill his obligation under the
agreement to another employer under the same or a similar program with
the consent of the apprentice and the local joint apprenticeship
committee or sponsor of the program;
(n) Provisions for the assurance of qualified training personnel
and adequate supervision on the job;
(o) Provisions for the issuance of an appropriate certificate
evidencing the successful completion of an apprenticeship;
(p) An identification of the State Apprenticeship Council as the
agency for registration of the program;
(q) Provisions for the registration of agreements and of
modifications and amendments thereto;
(r) Provisions for notice to the Labor Commissioner of persons who
have successfully completed the program and of all cancellations,
suspensions and terminations of agreements and the causes therefor;
(s) Provisions for the termination of an agreement during the
probationary period by either party without cause;
(t) A statement that the program will be conducted, operated and
administered in conformity with the applicable provisions of 29 C.F.R.
Part 30 or a state plan for equal opportunity in employment in
apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the
Department of Labor;
(u) The name and address of the appropriate authority under the
program to receive, process and make disposition of complaints; and
(v) Provisions for the recording and maintenance of all records
concerning apprenticeships as may be required by the State Apprenticeship
Council and applicable laws.
(Added to NRS by 1987, 440)
All programs operated
with more than one employer or an association of employers must include
provisions sufficient to ensure meaningful and trustworthy representation
of the interests of employees and apprentices in the management of the
program.
(Added to NRS by 1987, 442)
Every agreement
entered into under this chapter must contain:
1. The names and signatures of the contracting parties and the
signature of a parent or legal guardian if the apprentice is a minor.
2. The date of birth of the apprentice.
3. The name and address of the sponsor of the program.
4. A statement of the trade or craft in which the apprentice is to
be trained, and the beginning date and expected duration of the
apprenticeship.
5. A statement showing the number of hours to be spent by the
apprentice in work and the number of hours to be spent in related and
supplemental instruction, which instruction must not be less than 144
hours per year.
6. A statement setting forth a schedule of the processes in the
trade or division of industry in which the apprentice is to be trained
and the approximate time to be spent at each process.
7. A statement of the graduated scale of wages to be paid the
apprentice and whether or not compensation is to be paid for the required
time in school.
8. Statements providing:
(a) For a specific period of probation during which the agreement
may be terminated by either party to the agreement upon written notice to
the State Apprenticeship Council; and
(b) That after the probationary period the agreement may be
cancelled at the request of the apprentice, or suspended, cancelled or
terminated by the sponsor for good cause, with due notice to the
apprentice and a reasonable opportunity for corrective action, and with
written notice to the apprentice and the State Apprenticeship Council of
the final action taken.
9. A reference incorporating as part of the agreement the
standards of the program as it exists on the date of the agreement and as
it may be amended during the period of the agreement.
10. A statement that the apprentice will be accorded equal
opportunity in all phases of employment and training as an apprentice
without discrimination because of race, color, creed, sex, sexual
orientation, religion or disability.
11. A statement naming the State Apprenticeship Council as the
authority designated pursuant to NRS 610.180 to receive, process and dispose of
controversies or differences arising out of the agreement when the
controversies or differences cannot be adjusted locally or resolved in
accordance with the program or collective bargaining agreements.
12. Such additional terms and conditions as are prescribed or
approved by the State Apprenticeship Council not inconsistent with the
provisions of this chapter.
[8:192:1939; 1931 NCL § 506.07]—(NRS A 1960, 80; 1975, 1455; 1977,
283; 1983, 974; 1987, 445; 1991, 1022; 1999, 1936 )
1. No agreement under this chapter is effective until it is
approved by the local joint apprenticeship committee and the State
Director of Apprenticeship. A copy of the agreement must be forwarded
within 10 days after approval by the local joint apprenticeship committee
to the State Director of Apprenticeship.
2. Every agreement must be signed by the employer, by an
association of employers or by an organization of employees acting as
agent for an employer, and by the apprentice. If the apprentice is a
minor, the agreement must also be signed by:
(a) Both parents, if the minor is living with both parents;
(b) The custodial parent, if the minor is living with only one
parent; or
(c) The minor’s legal guardian.
3. If a minor enters into an agreement under this chapter for a
period of training extending into his majority, the agreement is likewise
binding for the period covered during his majority.
[9:192:1939; 1931 NCL § 506.08]—(NRS A 1975, 1487; 1979, 766; 1987,
446)
For the purpose of providing greater
diversity of training or continuity of employment, any agreement made
under this chapter may, at the discretion of the local joint
apprenticeship committee, be signed by an association of employers or an
organization of employees instead of by an individual employer. In that
case the agreement must provide expressly that the association of
employers or organization of employees does not assume the obligation of
an employer, but agrees to use its best endeavors to procure employment
and training for the apprentice with one or more employers who will
accept full responsibility, as provided in this chapter, for all the
terms and conditions of employment and training set forth in the
agreement between the apprentice and the association of employers or
organization of employees during the period of employment.
[10:192:1939; 1931 NCL § 506.09]—(NRS A 1987, 447)
1. Upon the complaint of any interested person or upon its own
initiative, the State Apprenticeship Council may investigate to determine
if there has been a violation of the terms or conditions of an approved
program or an agreement made under this chapter. The State Apprenticeship
Council may hold necessary hearings, inquiries and other proceedings. The
parties to each agreement and the sponsors and interested participants in
the program shall be given a fair and impartial hearing, after reasonable
notice. A copy of the determination or decision of each hearing must be
filed with the Labor Commissioner, and if no appeal therefrom is filed
with the Labor Commissioner within 10 days after the date thereof the
determination or decision of the State Apprenticeship Council becomes the
order of the Labor Commissioner.
2. Any person aggrieved by any determination or action of the
State Apprenticeship Council may appeal to the Labor Commissioner, whose
decision, when supported by evidence, is conclusive if notice of appeal
therefrom to the courts is not filed within 30 days after the date of the
decision of the Labor Commissioner.
3. A person shall not institute any action based upon:
(a) An agreement;
(b) Proposed or approved standards for apprenticeship; or
(c) A program governed by this chapter,
Ê unless he first exhausts all administrative remedies provided by this
chapter.
[11:192:1939; 1931 NCL § 506.10]—(NRS A 1977, 284; 1987, 447)
The State Apprenticeship Council shall suspend
for 1 year the right of any employer, association of employers or
organization of employees acting as agent for an employer to participate
in a program under the provisions of this chapter if the Nevada Equal
Rights Commission, after notice and hearing, finds that the employer,
association or organization has discriminated against an apprentice
because of race, color, creed, sex, sexual orientation, religion,
disability or national origin in violation of this chapter.
(Added to NRS by 1960, 81; A 1975, 1456; 1977, 83, 285; 1987, 447;
1991, 1023; 1999, 1937 )
MISCELLANEOUS PROVISIONS
Nothing in this chapter or in any
agreement, standard or program approved under this chapter invalidates
any provision in any collective bargaining agreement between employers
and employees setting up higher standards for apprenticeship.
[12:192:1939; 1931 NCL § 506.11]—(NRS A 1987, 448)
