Bill Text: NY A10623 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a public policy regarding and favoring apprenticeship training programs; provides standards for such programs and procedures for registration of approved programs; requires contractors for state public works jobs to have a registered apprenticeship program; provides for creation of a state apprenticeship and training council.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2010-05-25 - held for consideration in labor [A10623 Detail]
Download: New_York-2009-A10623-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10623
I N A S S E M B L Y
April 13, 2010
___________
Introduced by M. of A. MONTESANO -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law and the state finance law, in relation to
apprenticeship training and to repeal article 23 of the labor law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 23 of the labor law is REPEALED and a new article
2 23 is added to read as follows:
3 ARTICLE 23
4 APPRENTICESHIP TRAINING
5 SECTION 810. STATEMENT OF PUBLIC POLICY.
6 811. DEFINITIONS.
7 812. ELIGIBILITY AND PROCEDURE FOR REGISTRATION.
8 813. STANDARDS FOR APPRENTICESHIP PROGRAMS.
9 814. STANDARDS FOR APPRENTICESHIP AGREEMENTS.
10 815. RELATED AND SUPPLEMENTAL INSTRUCTION.
11 816. POWERS AND DUTIES OF THE COMMISSIONER.
12 817. STATE APPRENTICESHIP AND TRAINING COUNCIL.
13 818. DEREGISTRATION PROCEEDINGS.
14 819. COMPLAINTS.
15 819-A. RECORDS AND REPORTS.
16 819-B. APPRENTICESHIP ASSISTANCE IN ALL POLITICAL SUBDIVISIONS
17 OF THE STATE.
18 819-C. SEPARABILITY.
19 S 810. STATEMENT OF PUBLIC POLICY. SKILLED MANPOWER CONSTITUTES A
20 GREAT RESOURCE IN THIS STATE. APPRENTICESHIP PROGRAMS, THROUGH SUPER-
21 VISED TRAINING AND EDUCATION, DEVELOP SKILLED CRAFTSMEN AND HELP MEET
22 THE INCREASING NEEDS FOR SUCH WORKERS IN THE STATE'S LABOR FORCE. THE
23 CONTINUING DEVELOPMENT OF SKILLED MANPOWER IS ESSENTIAL FOR INDIVIDUAL
24 SELF-REALIZATION AND FOR AN EXPANDING INDUSTRIAL ECONOMY. TO THESE ENDS,
25 IT IS THE DECLARED PUBLIC POLICY OF THE STATE OF NEW YORK TO DEVELOP
26 SOUND APPRENTICESHIP TRAINING STANDARDS AND TO ENCOURAGE INDUSTRY AND
27 LABOR TO INSTITUTE AND MAINTAIN TRAINING PROGRAMS OF THE HIGHEST POSSI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01600-01-9
A. 10623 2
1 BLE QUALITY IN ALL ASPECTS OF ON-THE-JOB TRAINING AND RELATED INSTRUC-
2 TION AND THAT APPRENTICESHIP TRAINING PROGRAMS PROVIDE MEANINGFUL
3 EMPLOYMENT AND RELEVANT TRAINING FOR APPRENTICES.
4 S 811. DEFINITIONS. AS USED IN THIS ARTICLE:
5 1. "COMMISSIONER" MEANS THE COMMISSIONER OF LABOR OF THE STATE OF NEW
6 YORK OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE.
7 2. "APPRENTICESHIP PROGRAM" OR "PROGRAM" MEANS A WRITTEN PLAN
8 CONDUCTED OR SPONSORED BY AN EMPLOYER, A GROUP OF EMPLOYERS, OR A JOINT
9 APPRENTICESHIP COMMITTEE REPRESENTING BOTH EMPLOYERS AND A UNION, AND
10 WHICH CONTAINS ALL TERMS AND CONDITIONS FOR THE QUALIFICATION, RECRUIT-
11 MENT, SELECTION, EMPLOYMENT, AND TRAINING OF APPRENTICES, INCLUDING SUCH
12 MATTERS AS THE REQUIREMENT FOR A WRITTEN APPRENTICESHIP AGREEMENT.
13 3. "APPRENTICESHIP AGREEMENT" OR "AGREEMENT" MEANS A WRITTEN AGREEMENT
14 BETWEEN A SPONSOR AND AN APPRENTICE WHICH CONTAINS THE TERMS AND CONDI-
15 TIONS OF THE EMPLOYMENT AND TRAINING OF THE APPRENTICE.
16 4. "APPRENTICEABLE OCCUPATION" IS A SKILLED TRADE WHICH POSSESSES ALL
17 OF THE FOLLOWING CHARACTERISTICS: (A) IS CUSTOMARILY LEARNED IN A
18 PRACTICAL WAY THROUGH TRAINING AND WORK ON THE JOB; (B) IS, IN THE
19 JUDGMENT OF THE COMMISSIONER, CLEARLY IDENTIFIED AND COMMONLY RECOGNIZED
20 THROUGHOUT AN INDUSTRY; (C) IS, IN THE JUDGMENT OF THE COMMISSIONER,
21 NOT A PART OF AN OCCUPATION PREVIOUSLY RECOGNIZED AS APPRENTICEABLE
22 UNLESS SUCH PART IS PRACTICED INDUSTRY-WIDE AS AN IDENTIFIABLE AND
23 DISTINCT TRADE; (D) INVOLVES MANUAL, MECHANICAL OR TECHNICAL SKILLS AND
24 KNOWLEDGE WHICH REQUIRE A MINIMUM OF FOUR THOUSAND HOURS OF WORK AND
25 TRAINING, WHICH HOURS MAY INCLUDE THE TIME SPENT AT RELATED INSTRUCTION,
26 EXCEPT THAT AT THE DISCRETION OF THE COMMISSIONER, A NEW TRADE MAY
27 REQUIRE A MINIMUM OF TWO THOUSAND HOURS IF THE COMMISSIONER FINDS THAT
28 THE PARTICULAR TRADE CAN BE LEARNED WITHIN SUCH TIME; (E) REQUIRES
29 RELATED INSTRUCTION TO SUPPLEMENT THE ON-THE-JOB TRAINING WHICH INSTRUC-
30 TION SHALL BE GIVEN IN ACCORDANCE WITH THIS ARTICLE; AND (F) INVOLVES
31 THE DEVELOPMENT OF SKILLS SUFFICIENTLY BROAD TO BE APPLICABLE IN LIKE
32 OCCUPATIONS THROUGHOUT AN INDUSTRY, RATHER THAN OF RESTRICTED APPLICA-
33 TION TO THE PRODUCTS OF ANY ONE COMPANY.
34 5. "SPONSOR" MEANS AN EMPLOYER, A GROUP OF EMPLOYERS, OR A JOINT
35 APPRENTICESHIP COMMITTEE (JAC) REPRESENTING BOTH EMPLOYERS AND A UNION,
36 WHICH HAS THE ABILITY TO TRAIN APPRENTICES, AND WHICH IS RECOGNIZED AS
37 SUCH BY THE COMMISSIONER THROUGH THE REGISTRATION OF A PROGRAM.
38 6. "APPRENTICESHIP COUNCIL" MEANS THE STATE APPRENTICESHIP AND TRAIN-
39 ING COUNCIL ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED SEVENTEEN OF
40 THIS ARTICLE.
41 S 812. ELIGIBILITY AND PROCEDURE FOR REGISTRATION. 1. AN APPLICATION
42 FOR REGISTRATION OF A PROGRAM OR AGREEMENT SHALL BE MADE BY THE SPONSOR
43 ON A FORM PRESCRIBED BY AND FILED WITH THE COMMISSIONER.
44 2. NO PROGRAM OR AGREEMENT SHALL BE ELIGIBLE FOR REGISTRATION BY THE
45 COMMISSIONER UNLESS THE COMMISSIONER FINDS THAT: (A) IT IS IN CONFORM-
46 ITY WITH THE REQUIREMENTS OF THIS ARTICLE; (B) THE PROPOSED PROGRAM IS
47 IN AN APPRENTICEABLE OCCUPATION AS DEFINED IN THIS ARTICLE; (C) IT IS
48 IN CONFORMITY WITH THE REQUIREMENTS OF THE COMMISSIONER'S REGULATION ON
49 EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP TRAINING; AND (D) THE
50 SPONSOR HAS AGREED TO REGISTER ALL APPRENTICES IN HIS OR HER EMPLOY, OR,
51 IN THE CASE OF A JOINT APPRENTICESHIP COMMITTEE IT SHALL BE THE RESPON-
52 SIBILITY OF SUCH COMMITTEE TO REGISTER ALL OF ITS APPRENTICES.
53 3. WHERE THERE IS AN EXISTING, QUALIFIED, RELATED INSTRUCTION PROGRAM
54 IN THE BUILDING TRADES, AVAILABLE TO ANY ELIGIBLE APPRENTICE CANDIDATE
55 FOR THAT TRADE, THE DEPARTMENT SHOULD NOT REGISTER AN APPRENTICE TRAIN-
56 ING PROGRAM WHICH PROPOSES TO USE A DIFFERENT RELATED INSTRUCTION
A. 10623 3
1 PROGRAM. IF, HOWEVER, THE EXISTING QUALIFIED PROGRAM IS NOT AVAILABLE TO
2 ALL POTENTIAL APPRENTICES, AND THE PROPOSED APPRENTICESHIP TRAINING
3 PROGRAM AND RELATED INSTRUCTION ARE OF THE SAME QUALITY AND STANDARDS
4 AS EXIST IN THE ESTABLISHED PROGRAM, THEN APPROVAL SHOULD BE CONSIDERED.
5 APPLICATIONS FOR ALL NEW PROGRAMS SHALL BE PROCESSED THROUGH THE STATE
6 APPRENTICESHIP AND TRAINING COUNCIL FOR REVIEW. FINAL APPROVAL FOR
7 REGISTRATION WILL BE MADE BY THE COMMISSIONER.
8 4. APPRENTICES MUST BE INDIVIDUALLY REGISTERED UNDER A REGISTERED
9 PROGRAM. SUCH REGISTRATION MAY BE EFFECTED BY: (A) SPONSORS FILING
10 COPIES OF EACH APPRENTICESHIP AGREEMENT; OR (B) SUBJECT TO PRIOR
11 APPROVAL BY THE COMMISSIONER, FILING A MASTER COPY OF SUCH AGREEMENT
12 FOLLOWED BY A LISTING OF THE NAME, AND OTHER REQUIRED DATA, OF EACH
13 INDIVIDUAL WHEN APPRENTICED.
14 5. THE COMMISSIONER MUST BE PROMPTLY NOTIFIED BY THE SPONSOR OF THE
15 VOLUNTARY CANCELLATION, SUSPENSION, OR TERMINATION OF ANY PROGRAM OR
16 AGREEMENT, WITH THE REASONS THEREFOR, AND OF THE STATUS OF ALL APPREN-
17 TICES IN THE PROGRAM, INCLUDING ARRANGEMENTS FOR TRANSFERRING OR TERMI-
18 NATING THEM.
19 6. THE SPONSOR OF AN APPROVED PROGRAM SHALL BE NOTIFIED OF REGISTRA-
20 TION BY THE COMMISSIONER.
21 7. ANY PROPOSED MODIFICATION OR CHANGE OF A REGISTERED PROGRAM SHALL
22 BE PROMPTLY SUBMITTED BY THE PROGRAM SPONSOR TO THE COMMISSIONER AND, IF
23 APPROVED, SHALL BE RECORDED AND ACKNOWLEDGED AS AN AMENDMENT TO SUCH
24 PROGRAM.
25 8. UNDER A PROGRAM PROPOSED FOR REGISTRATION BY AN EMPLOYER OR EMPLOY-
26 ERS' ASSOCIATION, WHERE THE STANDARDS, COLLECTIVE BARGAINING AGREEMENT,
27 OR OTHER INSTRUMENT PROVIDES FOR PARTICIPATION BY A UNION IN ANY MANNER
28 IN THE OPERATION OF THE SUBSTANTIVE MATTERS OF THE PROGRAM, WRITTEN
29 ACKNOWLEDGEMENT BY THE UNION OF THE UNION AGREEMENT OR A WRITTEN STATE-
30 MENT BY THE UNION THAT IT HAS NO OBJECTION TO THE REGISTRATION SHALL BE
31 REQUIRED. WHERE NO SUCH UNION PARTICIPATION IS PROVIDED, THE EMPLOYER OR
32 EMPLOYERS' ASSOCIATION SHALL SIMULTANEOUSLY FURNISH TO THE UNION LOCALS,
33 IF ANY, WHICH ARE THE COLLECTIVE BARGAINING AGENTS OF THE EMPLOYEES TO
34 BE TRAINED, A COPY OF ITS APPLICATION FOR REGISTRATION AND OF THE
35 PROGRAM. UPON RECEIPT OF THE APPLICATION AND PROGRAM, THE COMMISSIONER
36 SHALL PROMPTLY SEND BY CERTIFIED MAIL TO SUCH UNION LOCAL ANOTHER COPY
37 OF THE APPLICATION AND OF THE PROGRAM TOGETHER WITH A NOTICE THAT UNION
38 COMMENTS WILL BE ACCEPTED FOR THIRTY DAYS THEREAFTER.
39 9. WHERE THE EMPLOYEES TO BE TRAINED HAVE NO COLLECTIVE BARGAINING
40 AGENT, AN APPRENTICESHIP PROGRAM MAY BE PROPOSED FOR REGISTRATION BY AN
41 EMPLOYER OR GROUP OF EMPLOYERS. NOTICE SHALL BE GIVEN BY SUCH EMPLOYER
42 OR EMPLOYERS TO THE APPRENTICESHIP TRAINING COUNCIL.
43 10. THE COMMISSIONER MAY REFUSE TO REGISTER A PROGRAM IF IN HIS OR HER
44 JUDGMENT THE SPONSOR OR ANY PARTICIPANT WILL BE UNABLE TO CONDUCT THE
45 PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE COMMIS-
46 SIONER MAY ALSO REFUSE TO REGISTER A PROGRAM OR TO REGISTER ADDITIONAL
47 APPRENTICES UNDER A REGISTERED PROGRAM IF HE OR SHE FINDS THAT FOR THE
48 PARTICULAR OCCUPATION INVOLVED THE ECONOMIC AND EMPLOYMENT CONDITIONS IN
49 THE LOCALITY DO NOT JUSTIFY THE TRAINING OF ADDITIONAL APPRENTICES AND
50 WOULD NOT BE IN ACCORDANCE WITH THE PUBLIC POLICY STATED IN SECTION
51 EIGHT HUNDRED TEN OF THIS ARTICLE. ANY PERSON AGGRIEVED BY A REGISTRA-
52 TION DENIAL MAY, WITHIN TEN DAYS FROM THE NOTICE OF FILING OF THE NOTICE
53 OF DENIAL IN THE OFFICE OF THE COMMISSIONER, REQUEST A HEARING, AND THE
54 PROCEDURES IN SECTION EIGHT HUNDRED EIGHTEEN OF THIS ARTICLE SHALL
55 APPLY.
A. 10623 4
1 S 813. STANDARDS FOR APPRENTICESHIP PROGRAMS. NO PROGRAM SHALL BE
2 REGISTERED UNLESS THE COMMISSIONER DETERMINES THAT IT MEETS ALL OF THE
3 FOLLOWING STANDARDS:
4 1. THE PROGRAM MUST BE AN ORGANIZED, WRITTEN PLAN EMBODYING THE TERMS
5 AND CONDITIONS OF EMPLOYMENT, TRAINING AND SUPERVISION OF ONE OR MORE
6 APPRENTICES IN AN APPRENTICEABLE OCCUPATION, AND SUBSCRIBED TO BY A
7 SPONSOR WHO HAS UNDERTAKEN TO CARRY OUT THE APPRENTICE TRAINING PROGRAM,
8 AND IN THE CASE OF A PROGRAM OF A JOINT APPRENTICESHIP COMMITTEE THE
9 SPONSOR HAS UNDERTAKEN THE RESPONSIBILITY OF SUPERVISING THE CONDUCT OF
10 THE PROGRAM.
11 2. THE PROGRAM MUST CONTAIN THE EQUAL OPPORTUNITY PLEDGE PRESCRIBED BY
12 THE COMMISSIONER, AND IN PROGRAMS HAVING REGISTERED APPRENTICES: (A) AN
13 AFFIRMATIVE ACTION PLAN IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY
14 THE COMMISSIONER, (B) A SELECTION METHOD AUTHORIZED IN SUCH REGULATIONS,
15 AND (C) A PROVISION THAT THE APPRENTICE WILL BE ACCORDED EQUAL OPPORTU-
16 NITY IN ALL PHASES OF APPRENTICESHIP EMPLOYMENT AND TRAINING WITHOUT
17 DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX,
18 AGE OR DISABILITY OR MARITAL STATUS.
19 3. THE PROGRAM MUST CONTAIN PROVISIONS DESCRIBING THE FOLLOWING:
20 (A) THE EMPLOYMENT AND TRAINING OF THE APPRENTICE IN A SKILLED TRADE,
21 AND THE REQUIRED MINIMUM QUALIFICATIONS;
22 (B) THE TERM OF APPRENTICESHIP, WHICH SHALL BE NOT LESS THAN TWO
23 YEARS OR FOUR THOUSAND HOURS, CONSISTENT WITH TRAINING REQUIREMENTS AS
24 ESTABLISHED BY INDUSTRY PRACTICE AS DETERMINED BY THE COMMISSIONER,
25 EXCEPT THAT THE TERM OF APPRENTICESHIP IN A NEW TRADE MAY BE NOT LESS
26 THAN ONE YEAR OR TWO THOUSAND HOURS IF THE COMMISSIONER FINDS AFTER
27 REVIEW OF WRITTEN SUBSTANTIATION OF THE SPONSOR AND WITH THE RECOMMENDA-
28 TION OF THE APPRENTICESHIP COUNCIL THAT THE PARTICULAR TRADE CAN BE
29 LEARNED WITHIN SUCH TIME. A NEW TRADE FOR THE PURPOSES OF THIS SECTION
30 MUST BE ONE NOT PRESENTLY CONSIDERED TO BE A BUILDING TRADE;
31 (C) THE WORK PROCESSES IN WHICH THE APPRENTICE WILL RECEIVE SUPER-
32 VISED WORK EXPERIENCE AND TRAINING ON THE JOB, AND THE ALLOCATION OF THE
33 APPROXIMATE TIME TO BE SPENT IN EACH MAJOR PROCESS;
34 (D) THE ORGANIZED, RELATED AND SUPPLEMENTAL INSTRUCTION IN TECHNICAL
35 SUBJECTS RELATED TO THE TRADE WHICH WILL BE PROVIDED TO EACH APPRENTICE,
36 AS REQUIRED BY THIS ARTICLE UNDER THE SUPERVISION OF QUALIFIED TRAINING
37 PERSONNEL UNDER NORMAL INSTRUCTIONAL CONDITIONS;
38 (E) THE PROGRESSIVELY INCREASING SCHEDULE OF WAGES TO BE PAID THE
39 APPRENTICE CONSISTENT WITH THE SKILL ACQUIRED. THE ENTRY WAGE SHALL BE
40 NOT LESS THAN THE MINIMUM WAGE PRESCRIBED BY FEDERAL OR STATE MINIMUM
41 WAGE LAWS, NOR LESS THAN THE WAGE REQUIRED BY AN APPLICABLE COLLECTIVE
42 BARGAINING AGREEMENT;
43 (F) THE SPONSOR'S PLANS FOR A PERIODIC REVIEW AND EVALUATION OF THE
44 APPRENTICE'S PROGRESS IN JOB PERFORMANCE AND RELATED INSTRUCTION, AND
45 THE MANNER IN WHICH THE SPONSOR WILL MAINTAIN RECORDS FOR EACH APPREN-
46 TICE;
47 (G) THE RATIO OF APPRENTICES TO JOURNEYMEN UNDER THE PROGRAM AS
48 DETERMINED BY THE COMMISSIONER, IN ACCORDANCE WITH PROPER SUPERVISION,
49 TRAINING AND CONTINUITY OF EMPLOYMENT, APPLICABLE PROVISIONS IN COLLEC-
50 TIVE BARGAINING AGREEMENTS AND UNION TIME ACCEPTED RATIOS;
51 (H) THE SPONSOR'S STATEMENT THAT HE OR SHE WILL COMPLY WITH APPLICA-
52 BLE FEDERAL, STATE AND LOCAL OCCUPATIONAL SAFETY AND HEALTH STANDARDS,
53 INCLUDING HIS OR HER WILLINGNESS TO PROVIDE ADEQUATE AND SAFE EQUIPMENT
54 AND FACILITIES FOR TRAINING AND SUPERVISION, AND SAFETY TRAINING FOR
55 APPRENTICES ON THE JOB;
A. 10623 5
1 (I) THE PROBATIONARY PERIOD FOR APPRENTICES, WHICH SHALL BE A REASON-
2 ABLE LENGTH, AS DETERMINED BY THE COMMISSIONER IN ACCORDANCE WITH APPLI-
3 CABLE PROVISIONS OF THE APPLICABLE COLLECTIVE BARGAINING AGREEMENTS;
4 (J) THE PLACEMENT AND REGISTRATION OF AN APPRENTICE IN ACCORDANCE
5 WITH THE PROVISIONS OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO
6 THIS ARTICLE;
7 (K) THE MANNER, IF ANY, BY WHICH THE SPONSOR PROPOSES TO GRANT
8 ADVANCE STANDING OR CREDIT FOR PREVIOUSLY ACQUIRED EXPERIENCE, TRAINING,
9 SKILLS, OR APTITUDE FOR ALL APPLICANTS EQUALLY, AND THE MANNER IN WHICH
10 WAGES WILL BE ADJUSTED IF ANY ADVANCE STANDING OR CREDIT IS GRANTED;
11 (L) THE MANNER IN WHICH THE SPONSOR WILL PERMIT THE TRANSFER OF ITS
12 TRAINING OBLIGATION TO ANOTHER SPONSOR, WHERE WARRANTED, WITH FULL CRED-
13 IT TO THE APPRENTICE FOR SATISFACTORY TIME AND TRAINING EARNED;
14 (M) THE SPONSOR'S ASSURANCE THAT ALL TRAINING WILL BE CONDUCTED BY
15 QUALIFIED TRAINING PERSONNEL;
16 (N) THE MANNER IN WHICH THE SPONSOR WILL GRANT RECOGNITION FOR THE
17 SUCCESSFUL COMPLETION OF APPRENTICESHIP, WHICH RECOGNITION MUST INCLUDE
18 THE PRESENTATION OF AN APPROPRIATE NEW YORK STATE CERTIFICATION OF
19 COMPLETION FOR ALL WHO COMPLETE THE PROGRAM;
20 (O) THE SPONSOR'S AGREEMENT TO PROMPTLY NOTIFY THE COMMISSIONER OF
21 ALL PERSONS WHO HAVE SUCCESSFULLY COMPLETED PROGRAMS;
22 (P) THE SPONSOR'S STATEMENT THAT THE PROGRAM WILL BE CONDUCTED, OPER-
23 ATED, AND ADMINISTERED IN CONFORMITY WITH ALL APPLICABLE PROVISIONS OF
24 THIS ARTICLE; AND
25 (Q) THE SPONSOR'S AGREEMENT TO PROMPTLY RECORD, MAINTAIN AND SUBMIT
26 TO THE COMMISSIONER SUCH RECORDS CONCERNING APPRENTICESHIP AS MAY BE
27 REQUIRED BY THE COMMISSIONER AND OTHER APPLICABLE LAWS OR REGULATIONS.
28 4. NOTWITHSTANDING ANY OTHER GROUND FOR DEREGISTRATION, A VIOLATION OF
29 ANY OF THE AFOREMENTIONED STANDARDS SHALL BE A GROUND FOR DEREGISTRATION
30 OF AN APPRENTICESHIP PROGRAM.
31 S 814. STANDARDS FOR APPRENTICESHIP AGREEMENTS. AN APPRENTICESHIP
32 AGREEMENT SHALL INCLUDE THE FOLLOWING:
33 1. A STATEMENT OF THE TRADE OR CRAFT TO BE TAUGHT AND THE REQUIRED
34 HOURS FOR COMPLETION OF APPRENTICESHIP WHICH SHALL BE NOT LESS THAN TWO
35 YEARS OR FOUR THOUSAND HOURS OF REASONABLY CONTINUOUS EMPLOYMENT.
36 2. A STATEMENT OF THE PROCESSES IN THE TRADE OR CRAFT DIVISIONS IN
37 WHICH THE APPRENTICE IS TO BE TAUGHT AND THE APPROXIMATE AMOUNT OF TIME
38 TO BE SPENT AT EACH PROCESS.
39 3. A STATEMENT OF THE NUMBER OF HOURS TO BE SPENT BY THE APPRENTICE IN
40 WORK AND THE NUMBER OF HOURS TO BE SPENT IN RELATED AND SUPPLEMENTAL
41 INSTRUCTION WHICH INSTRUCTION SHALL BE NOT LESS THAN ONE HUNDRED FORTY-
42 FOUR HOURS A YEAR.
43 4. A STATEMENT THAT APPRENTICES SHALL BE NOT LESS THAN SIXTEEN YEARS
44 OF AGE.
45 5. PROVISION THAT APPRENTICES SHALL BE SELECTED ON THE BASIS OF QUALI-
46 FICATIONS ALONE, AS DETERMINED BY OBJECTIVE CRITERIA WHICH PERMIT
47 REVIEW, AND WITHOUT ANY DISCRIMINATION AS TO RACE, CREED, COLOR,
48 NATIONAL ORIGIN, SEX, AGE OR DISABILITY OR MARITAL STATUS. THE TERM
49 "DISABILITY" IS LIMITED TO PHYSICAL, MENTAL OR MEDICAL CONDITIONS WHICH
50 ARE UNRELATED TO THE APPRENTICE'S ABILITY TO PERFORM THE DUTIES OF THE
51 APPRENTICEABLE OCCUPATION.
52 6. A STATEMENT OF THE PROGRESSIVELY INCREASING SCALE OF WAGES TO BE
53 PAID THE APPRENTICE.
54 7. PROVISION THAT THE SERVICES OF THE COMMISSIONER MAY BE UTILIZED
55 FOR CONSULTATION REGARDING THE SETTLEMENT OF DIFFERENCES ARISING OUT OF
A. 10623 6
1 THE APPRENTICESHIP AGREEMENT WHERE SUCH DIFFERENCES CANNOT BE ADJUSTED
2 LOCALLY OR IN ACCORDANCE WITH THE ESTABLISHED TRADE PROCEDURE.
3 8. PROVISION THAT IF A SPONSOR, WHO IS AN EMPLOYER OR EMPLOYER GROUP,
4 IS UNABLE TO FULFILL HIS OR HER OBLIGATION UNDER THE APPRENTICESHIP
5 AGREEMENT HE OR SHE MAY TRANSFER SUCH OBLIGATION TO ANOTHER EMPLOYER OR
6 EMPLOYER GROUP.
7 9. SUCH ADDITIONAL STANDARDS AS MAY BE PRESCRIBED IN ACCORDANCE WITH
8 THE PROVISIONS OF THIS ARTICLE.
9 S 815. RELATED AND SUPPLEMENTAL INSTRUCTION. RELATED AND SUPPLEMENTAL
10 INSTRUCTION FOR APPRENTICES, COORDINATION OF INSTRUCTION WITH JOB EXPE-
11 RIENCE, AND THE SELECTION OF TEACHERS AND COORDINATORS FOR SUCH INSTRUC-
12 TION SHALL BE THE RESPONSIBILITY OF STATE AND LOCAL BOARDS RESPONSIBLE
13 FOR VOCATIONAL EDUCATION. WHERE A JOINT APPRENTICESHIP COMMITTEE IS THE
14 SPONSOR, SUCH COMMITTEE SHALL BE RESPONSIBLE FOR THE SELECTION OF TEACH-
15 ERS AND COORDINATION OF SUCH INSTRUCTION.
16 THE STATE EDUCATION DEPARTMENT SHALL BE RESPONSIBLE FOR AND SHALL
17 PROVIDE RELATED INSTRUCTION AS REQUIRED BY APPRENTICESHIP PROGRAMS SET
18 UP UNDER THIS ARTICLE, EXCEPT THAT RELATED INSTRUCTION MAY BE PROVIDED
19 BY A SPONSOR UNDER A PROGRAM APPROVED BY THE STATE EDUCATION DEPART-
20 MENT.
21 S 816. POWERS AND DUTIES OF THE COMMISSIONER. THE COMMISSIONER SHALL
22 HAVE THE FOLLOWING POWERS AND DUTIES:
23 1. TO ENCOURAGE AND PROMOTE APPRENTICESHIP PROGRAMS AND THE MAKING OF
24 AGREEMENTS CONFORMING TO THE STANDARDS ESTABLISHED BY THIS ARTICLE;
25 2. TO ESTABLISH SUCH ADDITIONAL STANDARDS FOR APPRENTICESHIP PROGRAMS
26 AND AGREEMENTS AS HE OR SHE FINDS NECESSARY TO EFFECTUATE THE PURPOSES
27 OF THIS ARTICLE;
28 3. TO SUPERVISE APPRENTICESHIP PROGRAMS AND MAINTENANCE OF STANDARDS;
29 4. TO REGISTER APPROVED APPRENTICESHIP PROGRAMS AND AGREEMENTS, AND TO
30 ISSUE CERTIFICATES OF COMPLETION OF APPRENTICESHIP;
31 5. AFTER CONSULTATION WITH THE APPRENTICESHIP AND TRAINING COUNCIL, TO
32 GRANT SUCH VARIANCES FROM ANY PROVISION OF THIS ARTICLE AS HE OR SHE MAY
33 FIND NECESSARY AND PROPER IF THE SPIRIT OF THE PROVISION IS PRESERVED,
34 PROVIDED, HOWEVER, THAT IF THE VARIANCE RELATES TO THE STANDARD IN
35 SECTION EIGHT HUNDRED FOURTEEN OF THIS ARTICLE THAT THE APPRENTICE SPEND
36 AT LEAST ONE HUNDRED FORTY-FOUR HOURS A YEAR IN RELATED AND SUPPLEMENTAL
37 INSTRUCTION, THE COMMISSIONER MAY GRANT SUCH VARIANCE WITH THE APPROVAL
38 OF THE COMMISSIONER OF EDUCATION;
39 6. ON HIS OR HER OWN INITIATIVE OR UPON RECEIVING A VERIFIED COMPLAINT
40 IN WRITING OF ANY PERSON, FIRM, CORPORATION OR LABOR ORGANIZATION, TO
41 CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE WHETHER AN APPRENTICESHIP
42 PROGRAM SHOULD BE DEREGISTERED;
43 7. TO TERMINATE OR CANCEL ANY APPRENTICESHIP PROGRAM OR AGREEMENT AND
44 TO DEREGISTER AN APPRENTICESHIP PROGRAM;
45 8. TO ENCOURAGE AND PROMOTE THE HIRING AS APPRENTICES BY ANY TRADE OR
46 GROUP OF TRADES OF PERSONS WHO ARE ON PAROLE, IN ORDER TO AID IN THE
47 REHABILITATION OF SUCH PERSONS;
48 9. TO STUDY AND DISSEMINATE INFORMATION ON APPRENTICESHIP TRAINING,
49 TRENDS OF EMPLOYMENT OPPORTUNITIES IN VARIOUS TRADES, THE IMPACT OF
50 TECHNOLOGICAL CHANGE ON SKILL LEVELS AND REQUIREMENTS, THE SUPPLY OF AND
51 NEED FOR SKILLED MANPOWER, AND RELATED MATTERS;
52 10. TO COOPERATE WITH FEDERAL, STATE, LOCAL GOVERNMENTAL AND PRIVATE
53 AGENCIES HAVING AN INTEREST IN APPRENTICESHIP PROGRAMS;
54 11. TO ADOPT SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE
55 EFFECTIVE ADMINISTRATION OF THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
A. 10623 7
1 12. TO PERFORM SUCH OTHER DUTIES AS MAY BE NECESSARY TO GIVE FULL
2 EFFECT TO THE PROVISIONS OF THIS ARTICLE.
3 S 817. STATE APPRENTICESHIP AND TRAINING COUNCIL. 1. THE GOVERNOR
4 SHALL APPOINT A STATE APPRENTICESHIP AND TRAINING COUNCIL, COMPOSED OF
5 SEVEN REPRESENTATIVES EACH FROM EMPLOYER AND EMPLOYEE ORGANIZATIONS
6 RESPECTIVELY AND ONE REPRESENTATIVE OF THE GENERAL PUBLIC, WHO SHALL BE
7 THE CHAIRMAN. THE COUNCIL BY MAJORITY VOTE MAY DESIGNATE ONE OF ITS
8 MEMBERS AS VICE-CHAIRMAN TO ACT IN THE ABSENCE OR INABILITY OF THE
9 CHAIRMAN FOR ALL PURPOSES EXCEPT THAT SET FORTH IN PARAGRAPH (D) OF
10 SUBDIVISION TWO OF THIS SECTION. EACH MEMBER SHALL BE APPOINTED FOR A
11 TERM OF THREE YEARS AND SHALL HOLD OFFICE UNTIL HIS OR HER SUCCESSOR IS
12 APPOINTED AND HAS QUALIFIED. ANY VACANCY SHALL BE FILLED BY APPOINTMENT
13 FOR THE UNEXPIRED PORTION OF THE TERM. THE PRESENT MEMBERS OF THE COUN-
14 CIL SHALL CONTINUE TO HOLD OFFICE UNTIL THE EXPIRATION OF THEIR PRESENT
15 TERMS OR THEIR EARLIER TERMINATIONS BY RESIGNATION OR INABILITY TO ACT.
16 THE COMMISSIONER AND THE COMMISSIONERS OF EDUCATION AND ECONOMIC DEVEL-
17 OPMENT SHALL BE EX OFFICIO MEMBERS OF SUCH COUNCIL WITHOUT VOTE. WHEN
18 ENGAGED UPON THE WORK OF THE COUNCIL THE MEMBERS SHALL RECEIVE THE PER
19 DIEM ALLOWANCE APPROPRIATED THEREFOR, AND SHALL BE REIMBURSED FOR TRANS-
20 PORTATION AND OTHER EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE
21 PERFORMANCE OF THEIR DUTIES. TO COORDINATE THE ACTIVITIES OF THE COUN-
22 CIL, THE COMMISSIONER SHALL APPOINT AN EXECUTIVE SECRETARY OF THE COUN-
23 CIL WHO SHALL RECEIVE AN ANNUAL COMPENSATION FIXED BY THE COMMISSIONER
24 WITHIN THE AMOUNT APPROPRIATED THEREFOR.
25 2. THE COUNCIL (A) SHALL ADVISE THE COMMISSIONER ON APPRENTICE TRAIN-
26 ING MATTERS, INCLUDING THE MATTER OF RELATED AND SUPPLEMENTAL INSTRUC-
27 TION; (B) SHALL MAINTAIN A CLOSE AND EFFECTIVE LIAISON WITH GOVERNMENTAL
28 AND NONGOVERNMENTAL AGENCIES WHICH ARE CONCERNED WITH SKILLED MANPOWER
29 DEVELOPMENT AND PROBLEMS; (C) MAY RECOMMEND RESEARCH PROJECTS ON FACTS
30 AND TRENDS RELATING TO APPRENTICESHIP TRAINING AND THE SUPPLY OF AND
31 NEED FOR SKILLED MANPOWER; AND (D) SHALL ACT AS A HEARING PANEL IN
32 DENIAL OF REGISTRATION OR DEREGISTRATION PROCEEDINGS AS PROVIDED IN THIS
33 ARTICLE.
34 3. THE COMMISSIONER SHALL CONSULT WITH THE COUNCIL BEFORE PROMULGATING
35 A RULE OR REGULATION TO EFFECTUATE THE PURPOSES OF THIS ARTICLE AND IN
36 THE PREPARATION OF PROPOSED AMENDMENTS OF THIS ARTICLE.
37 S 818. DEREGISTRATION PROCEEDINGS. 1. GROUNDS FOR DEREGISTRATION. THE
38 COMMISSIONER MAY DEREGISTER AN APPRENTICESHIP TRAINING PROGRAM IF THE
39 COMMISSIONER FINDS THAT THE SPONSOR, OR ANY PARTICIPANT HAS:
40 (A) VIOLATED A FEDERAL OR STATE LAW;
41 (B) SUBVERTED THE PROGRAM INTENT BY HIRING WORKERS AS HELPERS, SHOP
42 BOYS OR OTHER TITLES AND ASSIGNING TO THEM WORK GENERALLY PERFORMED BY
43 APPRENTICES;
44 (C) NOT CONDUCTED, OPERATED, AND ADMINISTERED THE PROGRAM IN ACCORD-
45 ANCE WITH THIS ARTICLE, EXCEPT THAT DEREGISTRATION PROCEEDINGS FOR
46 VIOLATION OF EQUAL OPPORTUNITY REQUIREMENTS SHALL BE PROCESSED IN
47 ACCORDANCE WITH THE PROVISIONS OF PART SIX HUNDRED OF TITLE TWELVE OF
48 THE OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF
49 NEW YORK;
50 (D) MADE A FALSE OR MISLEADING STATEMENT IN CONNECTION WITH THE
51 REGISTRATION OF THE PROGRAM; OR
52 (E) IS NOT A PERSON OF GOOD CHARACTER AND RESPONSIBILITY.
53 2. PROCEDURE. (A) WHERE IT APPEARS THAT SUFFICIENT CAUSE EXISTS FOR
54 DEREGISTRATION, THE COMMISSIONER SHALL SEND A NOTICE TO THE SPONSOR BY
55 REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, STATING THE
56 GROUND OR GROUNDS ON WHICH IT IS PROPOSED TO DEREGISTER THE PROGRAM AND
A. 10623 8
1 THAT THE PROGRAM WILL BE DEREGISTERED UNLESS, WITHIN TEN CALENDAR DAYS
2 OF THE RECEIPT OF THE NOTICE, THE SPONSOR FILES WITH THE COMMISSIONER A
3 WRITTEN REQUEST FOR A HEARING.
4 (B) IF THE SPONSOR REQUESTS A HEARING, THE COMMISSIONER SHALL CONVENE
5 A HEARING AND ISSUE HIS OR HER DETERMINATION IN ACCORDANCE WITH SUBDIVI-
6 SION THREE OF THIS SECTION.
7 (C) IN SUCH DETERMINATION, THE COMMISSIONER MAY ALLOW THE SPONSOR A
8 REASONABLE TIME TO ACHIEVE VOLUNTARY CORRECTIVE ACTION.
9 (D) IN EACH CASE IN WHICH DEREGISTRATION IS ORDERED, THE COMMISSIONER
10 SHALL PUBLISH WITHIN THIRTY DAYS IN THE STATE BULLETIN A NOTICE OF THE
11 ORDER AND SHALL NOTIFY THE SPONSOR. IN ADDITION, THE COMMISSIONER SHALL
12 WITHIN THIRTY DAYS NOTIFY ALL REGISTERED APPRENTICES OF THE DEREGISTRA-
13 TION OF THE PROGRAM, THE EFFECTIVE DATE THEREOF, AND THE EFFECT OF
14 DEREGISTRATION.
15 (E) ANY PERSON AGGRIEVED BY AN ORDER DENYING REGISTRATION OR BY AN
16 ORDER OF DEREGISTRATION MAY, WITHIN THIRTY DAYS FROM THE NOTICE OF
17 FILING OF THE ORDER IN THE COMMISSIONER'S OFFICE, REVIEW THE ORDER IN A
18 PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
19 RULES.
20 (F) ANY APPRENTICESHIP PROGRAM DEREGISTERED MAY NOT BE REGISTERED FOR
21 A PERIOD OF THREE YEARS, NOR SHALL THE SPONSOR OR ANY EMPLOYER OR UNION
22 PARTICIPANT BE ELIGIBLE TO REGISTER OR PARTICIPATE IN ANY OTHER PROGRAM
23 FOR SUCH PERIOD. IF THE SPONSOR OR ANY PARTICIPANT IS A CORPORATION THE
24 OFFICERS AND STOCKHOLDERS OF THE CORPORATION MAY NOT REGISTER A PROGRAM
25 UNDER ANOTHER CORPORATE NAME FOR SUCH PERIOD.
26 3. HEARINGS. UPON RECEIPT OF A REQUEST FOR A HEARING, THE COMMISSIONER
27 SHALL REQUEST THE CHAIRMAN OF THE STATE APPRENTICESHIP AND TRAINING
28 COUNCIL TO DESIGNATE A PANEL FROM THE MEMBERS OF SUCH COUNCIL TO CONDUCT
29 SUCH HEARING. THE PANEL SHALL BE COMPOSED OF AN EQUAL NUMBER OF REPRE-
30 SENTATIVES OF EMPLOYERS AND OF EMPLOYEE ORGANIZATIONS, AND ALSO MAY
31 INCLUDE THE CHAIRMAN. THE COMMISSIONER MAY, AT THE REQUEST OF THE CHAIR-
32 MAN, DESIGNATE AN ATTORNEY OF THE DEPARTMENT OF LABOR TO PRESIDE AT THE
33 HEARING, BUT SUCH ATTORNEY SHALL NOT PARTICIPATE IN THE MAKING OF THE
34 REPORT AND RECOMMENDATIONS OF THE PANEL. REASONABLE NOTICE OF THE HEAR-
35 ING SHALL BE GIVEN BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT
36 REQUESTED, TO THE APPROPRIATE SPONSOR AND THE COMPLAINANT, IF ANY. SUCH
37 NOTICE SHALL INCLUDE A REASONABLE TIME AND PLACE OF HEARING, A STATEMENT
38 OF THE PROVISIONS OF THIS ARTICLE PURSUANT TO WHICH THE HEARING IS TO BE
39 HELD, AND A CONCISE STATEMENT OF THE MATTERS PURSUANT TO WHICH THE
40 ACTION FORMING THE BASIS OF THE HEARING IS PROPOSED TO BE TAKEN.
41 HEARINGS SHALL BE CONDUCTED INFORMALLY AND A RECORD MADE OF THE SWORN
42 TESTIMONY. THE COMPLAINANT, AND EVERY PARTY TO THE PROCEEDING SHALL HAVE
43 THE RIGHT TO COUNSEL AND A FULL OPPORTUNITY TO BE HEARD, INCLUDING SUCH
44 CROSS-EXAMINATION AS MAY BE APPROPRIATE IN THE CIRCUMSTANCES. THE HEAR-
45 ING PANEL SHALL, ON THE BASIS OF THE RECORD MADE IN THE PROCEEDING,
46 SUBMIT ITS REPORT AND RECOMMENDATIONS TO THE COMMISSIONER, WHO SHALL
47 ISSUE HIS OR HER DETERMINATION WITHIN THIRTY DAYS AFTER RECEIPT OF THE
48 HEARING PANEL'S REPORT.
49 S 819. COMPLAINTS. 1. ANY PERSON, FIRM, CORPORATION OR LABOR ORGANIZA-
50 TION MAY FILE A COMPLAINT ALLEGING THAT A REGISTERED APPRENTICESHIP
51 PROGRAM IS NOT OPERATING IN ACCORDANCE WITH THIS ARTICLE OR A REGULATION
52 ISSUED THEREUNDER, OR WITH THE EQUAL EMPLOYMENT OPPORTUNITY REGULATION,
53 OR WITH THE APPRENTICESHIP AGREEMENT. THE COMMISSIONER SHALL INVESTIGATE
54 SUCH COMPLAINT, AND SHALL RESOLVE IT IN ACCORDANCE WITH THE PROVISIONS
55 OF THIS ARTICLE.
A. 10623 9
1 2. ANY COMPLAINT CONCERNING DISCRIMINATION OR OTHER EQUAL OPPORTUNITY
2 MATTER SHALL BE SUBMITTED, PROCESSED, AND RESOLVED IN ACCORDANCE WITH
3 THE APPLICABLE RULES AND REGULATIONS OF THE COMMISSIONER.
4 3. EXCEPT FOR MATTERS COVERED UNDER SUBDIVISION TWO OF THIS SECTION,
5 ANY CONTROVERSY OR DIFFERENCE ARISING UNDER AN APPRENTICESHIP AGREEMENT
6 WHICH CANNOT BE ADJUSTED LOCALLY, AND THE APPRENTICE IS NOT COVERED BY A
7 COLLECTIVE BARGAINING AGREEMENT, MAY BE SUBMITTED BY AN APPRENTICE, OR
8 HIS OR HER AUTHORIZED REPRESENTATIVE, TO THE COMMISSIONER FOR REVIEW.
9 MATTERS COVERED BY A COLLECTIVE BARGAINING AGREEMENT, HOWEVER, SHALL BE
10 SUBMITTED AND PROCESSED IN ACCORDANCE WITH THE PROCEDURES THEREIN
11 PROVIDED, AND ONCE SO SUBMITTED, MAY NOT BE SUBMITTED TO THE COMMISSION-
12 ER AS A COMPLAINT.
13 4. A COMPLAINT MUST BE IN WRITING AND SIGNED BY THE COMPLAINANT, OR
14 HIS OR HER AUTHORIZED REPRESENTATIVE. IT SHALL SET FORTH THE SPECIFIC
15 MATTERS COMPLAINED OF, TOGETHER WITH ALL RELEVANT FACTS AND CIRCUM-
16 STANCES. COPIES OF ALL PERTINENT DOCUMENTS AND CORRESPONDENCE SHALL
17 ACCOMPANY THE COMPLAINT.
18 5. THE COMMISSIONER SHALL RENDER A DETERMINATION WITHIN NINETY DAYS
19 AFTER RECEIPT OF A COMPLAINT UNDER SUBDIVISION THREE OF THIS SECTION,
20 BASED UPON SUCH INVESTIGATION OF THE MATTERS SUBMITTED AS HE OR SHE MAY
21 FIND NECESSARY. DURING SUCH NINETY-DAY PERIOD THE COMMISSIONER SHALL
22 MAKE REASONABLE EFFORTS TO EFFECT A SATISFACTORY RESOLUTION BETWEEN THE
23 PARTIES INVOLVED. IF SO RESOLVED, THE PARTIES SHALL BE NOTIFIED THAT THE
24 CASE IS CLOSED. IF THE COMMISSIONER DETERMINES THAT THE COMPLAINT IS
25 UNJUSTIFIED, HE OR SHE SHALL DISMISS SAID COMPLAINT. IF THE COMMISSIONER
26 DETERMINES THAT SUFFICIENT CAUSE EXISTS FOR DEREGISTRATION HE OR SHE
27 SHALL PROCEED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. WHERE A
28 DETERMINATION IS RENDERED, COPIES SHALL BE SENT TO ALL INTERESTED
29 PARTIES.
30 6. NOTHING IN THIS SECTION SHALL OPERATE TO PROHIBIT AN APPRENTICE
31 FROM ELECTING TO INSTITUTE APPROPRIATE COURT PROCEEDINGS.
32 S 819-A. RECORDS AND REPORTS. EACH SPONSOR SHALL KEEP ADEQUATE RECORDS
33 RELATIVE TO ALL PHASES OF THE OPERATION OF THE APPRENTICESHIP PROGRAM,
34 INCLUDING BUT NOT LIMITED TO JOB ASSIGNMENTS, PROMOTION, DEMOTION, LAY-
35 OFF OR TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION OR
36 CONDITIONS OF WORK, PAYROLL RECORDS, PROGRESS RECORDS OF THE APPRENTICE,
37 AND ANY OTHER RECORDS PERTINENT TO A DETERMINATION OF COMPLIANCE WITH
38 THIS ARTICLE IN SUCH MANNER AND FORM AS MAY BE REQUIRED BY THE COMMIS-
39 SIONER.
40 IN ADDITION TO INFORMATION PROVIDED DURING REGULAR DEPARTMENT FIELD
41 INSPECTIONS EACH SPONSOR, AND EACH APPRENTICE SHALL PROMPTLY SUBMIT SUCH
42 REPORTS TO THE DEPARTMENT AS THE COMMISSIONER IN HIS OR HER DISCRETION
43 SHALL REQUIRE. SUCH REPORTS SHALL BE MADE ON FORMS PRESCRIBED BY THE
44 COMMISSIONER.
45 S 819-B. APPRENTICESHIP ASSISTANCE IN ALL POLITICAL SUBDIVISIONS OF
46 THE STATE. ANY POLITICAL SUBDIVISION OF THE STATE MAY PROVIDE FINANCIAL
47 ASSISTANCE, WITHIN THE AMOUNTS APPROPRIATED THEREFOR, FOR THE PURPOSE OF
48 PROMOTING NONPROFIT PROGRAMS WITHIN SUCH POLITICAL SUBDIVISION TO TRAIN
49 PERSONS IN THOSE SKILLS NEEDED BY THE POLITICAL SUBDIVISION AS AN
50 EMPLOYER, ADMINISTERED BY AGENCIES REPRESENTING MUNICIPAL EMPLOYEES IN A
51 PARTICULAR TITLE OR CLASSIFICATION OR OTHER PHASES OF EMPLOYMENT;
52 PROVIDED SUCH PROGRAMS ARE APPROVED BY THE DEPARTMENT OF EDUCATION AS TO
53 CURRICULUM, INSTRUCTORS AND SCOPE, AND FURTHER PROVIDED THAT SUCH
54 PROGRAMS ARE REGISTERED AND APPROVED AS PROVIDED IN THIS ARTICLE.
55 S 819-C. SEPARABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLI-
56 CATION THEREOF TO ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID, THE
A. 10623 10
1 REMAINDER OF THIS ARTICLE, AND THE APPLICATION OF SUCH PROVISION TO
2 OTHER PERSONS AND CIRCUMSTANCES, SHALL NOT BE AFFECTED THEREBY.
3 S 2. The state finance law is amended by adding a new section 139-l to
4 read as follows:
5 S 139-L. OBLIGATION TO HAVE A REGISTERED APPRENTICESHIP PROGRAM. 1. A
6 CLAUSE SHALL BE INSERTED IN ALL SPECIFICATIONS OR CONTRACTS HEREAFTER
7 MADE OR AWARDED BY THE STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFI-
8 CIAL THEREOF, OR ANY COUNTY, CITY, TOWN, VILLAGE, PUBLIC BENEFIT CORPO-
9 RATION, PUBLIC AUTHORITY, INDUSTRIAL DEVELOPMENT AGENCY OR ANY SUBSID-
10 IARY THEREOF, FOR WORK OR SERVICES PERFORMED, OR TO BE PERFORMED,
11 PURSUANT TO WHICH ANY CONTRACTOR OR SUBCONTRACTOR INCLUDING ANY CONTRACT
12 COVERED BY SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, TO WHOM ANY
13 CONTRACT SHALL BE LET, GRANTED OR AWARDED, AGREES, AS A MATERIAL CONDI-
14 TION OF THE CONTRACT, THAT SUCH CONTRACTOR HAS AND WILL MAINTAIN A
15 REGISTERED APPRENTICESHIP PROGRAM PURSUANT TO THE PROVISIONS OF ARTICLE
16 TWENTY-THREE OF THE LABOR LAW.
17 2. NOTHING CONTAINED IN THIS SECTION SHALL OPERATE TO IMPAIR ANY
18 EXISTING CONTRACT, EXCEPT THAT ANY RENEWAL, AMENDMENT OR MODIFICATION OF
19 SUCH CONTRACT OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION
20 SHALL BE SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SECTION.
21 S 3. This act shall take effect on the sixtieth day after it shall
22 have become a law.
