[Rev. 11/21/2013 12:33:51
PM--2013]
CHAPTER 610 - APPRENTICESHIPS
GENERAL PROVISIONS
NRS 610.010 Definitions.
NRS 610.020 Purposes.
STATE APPRENTICESHIP COUNCIL
NRS 610.030 Creation;
members.
NRS 610.040 Terms
of office of members.
NRS 610.050 Vacancies.
NRS 610.060 Officers.
NRS 610.070 Meetings.
NRS 610.080 Compensation
of members and employees.
NRS 610.090 Duties.
NRS 610.095 Additional
duties.
NRS 610.100 Report
to Legislature and public.
ADMINISTRATION AND ENFORCEMENT
NRS 610.110 Labor
Commissioner to be State Director of Apprenticeship.
NRS 610.120 Powers
of State Director of Apprenticeship.
NRS 610.140 Duties
of local or state joint apprenticeship committees.
NRS 610.144 Requirements
for program to be eligible for registration and approval by State
Apprenticeship Council.
NRS 610.146 Representation
of employees and apprentices in management of program with more than one
employer.
NRS 610.150 Required
contents of agreement.
NRS 610.160 Approval
of agreement; signatures; training extending into majority.
NRS 610.170 Agreement
signed by association of employers or organization of employees.
NRS 610.180 Violations
of programs or agreements: Investigations; hearings; appeals; exhaustion of
administrative remedies.
NRS 610.185 Suspension
of right to participate in program if discrimination practiced.
MISCELLANEOUS PROVISIONS
NRS 610.190 Effect
of chapter on collective bargaining agreement establishing higher standards.
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GENERAL PROVISIONS
NRS 610.010 Definitions. 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. “Gender identity or expression” means a
gender-related identity, appearance, expression or behavior of a person,
regardless of the person’s assigned sex at birth.
5. “Program” means a program of training
and instruction as an apprentice in an occupation in which a person may be
apprenticed.
6. “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; 2011,
493)
NRS 610.020 Purposes. The
purposes of this chapter are:
1. To open to people, without regard to
race, color, creed, sex, sexual orientation, gender identity or expression,
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,
gender identity or expression, 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; 2011,
494)
STATE APPRENTICESHIP COUNCIL
NRS 610.030 Creation; members.
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 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)
NRS 610.040 Terms of office of members.
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)
NRS 610.050 Vacancies. Any
member appointed to fill a vacancy occurring prior to the expiration of the
term of the member’s predecessor shall be appointed for the remainder of the
term.
[Part 2:192:1939; 1931 NCL § 506.01]
NRS 610.060 Officers.
1. The member who is a representative of
the general public shall act as Chair 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 the appointed
representative of the Labor Commissioner 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)
NRS 610.070 Meetings. 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)
NRS 610.080 Compensation of members and employees.
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)
NRS 610.090 Duties. 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)
NRS 610.095 Additional duties. 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)
NRS 610.100 Report to Legislature and public. 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
NRS 610.110 Labor Commissioner to be State Director of Apprenticeship. The Labor Commissioner or the duly appointed
representative of the Labor Commissioner shall be ex officio State Director of
Apprenticeship.
[Part 3:192:1939; 1931 NCL § 506.02]
NRS 610.120 Powers of State Director of Apprenticeship.
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)
NRS 610.140 Duties of local or state joint apprenticeship committees.
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)
NRS 610.144 Requirements for program to be eligible for registration and
approval by State Apprenticeship Council. 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 such 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 the employer is unable to fulfill his or her
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)
NRS 610.146 Representation of employees and apprentices in management of
program with more than one employer. 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)
NRS 610.150 Required contents of agreement. 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, gender identity or expression, 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; 2011, 494)
NRS 610.160 Approval of agreement; signatures; training extending into
majority.
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 or her majority,
the agreement is likewise binding for the period covered during his or her
majority.
[9:192:1939; 1931 NCL § 506.08]—(NRS A 1975, 1487;
1979, 766; 1987,
446)
NRS 610.170 Agreement signed by association of employers or organization of
employees. 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)
NRS 610.180 Violations of programs or agreements: Investigations; hearings;
appeals; exhaustion of administrative remedies.
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 the
person first exhausts all administrative remedies provided by this chapter.
[11:192:1939; 1931 NCL § 506.10]—(NRS A 1977, 284; 1987, 447)
NRS 610.185 Suspension of right to participate in program if discrimination
practiced. 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, gender identity or
expression, 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;
2011, 495)
MISCELLANEOUS PROVISIONS
NRS 610.190 Effect of chapter on collective bargaining agreement
establishing higher standards. 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)
