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Regular Session, 2012
SENATE BILL NO. 561
BY SENATOR NEVERS
WORKFORCE COMMISSION. Provides relative to the apprenticeships at the Louisiana
Workforce Commission. (8/1/12)
AN ACT1
To amend and reenact R.S. 23:386, 389, 390, 391, and 392(D), relative to the Louisiana2
Workforce Commission; to provide for the approval of apprentice agreements; to3
provide for certain complaint procedures; to provide for a method of resolving4
controversies; to provide for special protection or consideration for certain5
individuals; to provide for qualifications of certain individuals; to provide for the6
operations of apprenticeship programs; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 23:386, 389, 390, 391, and 392(D) are hereby amended and9
reenacted to read as follows: 10
§386. Apprentice defined11
The term "apprentice" as used in this Chapter is defined as a worker at least12
sixteen years of age, who is employed to learn an apprenticeable occupation and who13
has entered into a written apprentice agreement with an employer, an association of14
employers, or an organization of employees, providing for not less than two thousand15
hours of reasonably continuous employment, and for participation in an approved16
program of training through employment and through education in related and17 SB NO. 561
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supplemental subjects. except where a higher minimum age standard is otherwise1
fixed by law, who is employed to learn an apprenticeable occupation as2
provided in Title 40, Part IV, Section 317, under standards of apprenticeship3
fulfilling the requirements of Section 301 of the same Part.4
* * *5
§389. Rotation of employment6
For the purpose of providing greater diversity of training or continuity of7
employment, any apprentice agreement made under this Chapter may, at the8
discretion of the director of apprenticeship, be signed by an association of employers9
or an organization of employees a joint or non-joint committee instead of by an10
individual employer. In such a case, apprenticeship program standards shall11
expressly provide that the association of employers or organization of employees12
apprenticeship committee does not assume the obligation of an employer but13
agrees to use its best endeavors to procure employment and training for the14
apprentice with one or more employers who will accept full responsibility for all the15
terms and conditions of employment and training set forth in the agreement between16
the apprentice and employer association or employee organization the program17
sponsor during the period of each employment. The apprenticeship program18
standards in such a case shall also expressly provide for the transfer of the19
apprentice, subject to the approval of the director, to such employer or employers20
who shall sign a written agreement with the apprentice, and, if the apprentice is a21
minor, with his parent or legal guardian, as specified in R.S. 23:388 contracting to22
employ the apprentice for the whole or a definite part of the total period of23
apprenticeship under the terms and conditions of employment and training set forth24
in the agreement entered into between the apprentice and employer association or25
employee organization.26
§390. Complaint procedures; settlement of controversies or complaints27
A. This Section is not applicable to any complaint concerning28
discrimination or other equal opportunity matters; all such complaints must be29 SB NO. 561
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submitted, processed, and resolved in accordance with applicable provisions in1
29 C.F.R. Part 30, or applicable provisions of State Plan for Equal Employment2
Opportunity in Apprenticeship, adopted pursuant to 29 C.F.R. Part 30 and3
approved by the Department.4
B. Except for matters described in Subsection (A) of this Section, any5
controversy or difference arising under an apprenticeship agreement which6
cannot be adjusted locally and which is not covered by a collective bargaining7
agreement may be submitted by an apprentice, or the apprentice's authorized8
representative, within sixty days of the final local decision, to the Director of9
Apprenticeship, Louisiana Workforce Commission - Apprenticeship Division.10
Matters covered by a collective bargaining agreement are not subject to such11
review. Complaint procedures and subsequent processes for the settlement of12
complaints shall be conducted in accordance with Title 40, Part IV, Section 309.13
C. Upon the complaint of any interested person or upon his own initiative,14
the director may investigate to determine if there has been a violation of the terms15
of an apprentice agreement made under this Chapter and hold hearings, inquiries, and16
other proceedings necessary to such investigations and determination. The director17
shall investigate programs only as necessary to establish compliance, and then only18
upon proper notice. The parties to such agreement shall be given a fair and impartial19
hearing, after reasonable notice thereof. All formal hearings, investigations, and20
determinations shall be made under authority of reasonable rules and procedure21
prescribed in accordance with by the apprenticeship council Administrative22
Procedure Act, subject to the approval of the executive director.23
D. B. The determination of the director of apprenticeship shall be filed with24
the executive director. If no appeal therefrom is filed with the executive director25
within twenty days after the date thereof, such determination shall become the order26
of the executive director. Any person aggrieved by any determination or action of the27
director of apprenticeship may appeal therefrom to the executive director who shall28
hold a hearing thereon, after due notice to the interested parties. Orders and decisions29 SB NO. 561
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of the executive director shall be prima facie lawful and reasonable if supported by1
reasonable and competent evidence. Any party to an apprentice agreement aggrieved2
by an order or decision of the executive director may appeal to the courts on3
questions of law. The decision of the executive director shall be conclusive if no4
appeal therefrom is filed within thirty days after the date of the order or decision.5
E. C. No person shall institute any action for the enforcement of any6
apprentice agreement, or for damages for the breach thereof, unless all the7
administrative remedies provided in this Section have first been exhausted.8
F. Nothing in this Section precludes an apprentice from pursuing any9
other remedy authorized under any other federal, state, or local law.10
§391. Limitation11
A. Nothing in this Chapter or in any apprentice agreement approved under12
this Chapter shall operate to invalidate any apprenticeship provision in any collective13
agreement between employers and employees, setting up higher apprenticeship14
standards.15
B. Any special provision for veterans, minority persons, or women in the16
standards, apprentice qualifications, or operation of the program, or in the17
apprenticeship agreement, which is not otherwise prohibited by law, executive18
order, or authorized regulation.19
§392. Civil penalties20
* * *21
D. The director of the office of workforce development executive director22
may institute civil proceedings in the appropriate district court for the principal place23
of business of the employer to enforce his rulings or seek injunctive relief to restrain24
and prevent violations of the provisions of this Chapter or of the rules and25
regulations adopted under the provisions of this Chapter. The court shall award26
attorney fees and court costs to the prevailing party. In the event judgment is27
rendered in said court affirming the civil penalties assessed, the court shall also28
award to the office of workforce development Louisiana Workforce Commission29 SB NO. 561
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judicial interest on said penalties from the date of such judgment until paid.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law defines the term "apprentice" as a worker at least 16 years old, who is employed
to learn an apprenticeable occupation and who has entered into a written apprentice
agreement with an employer, an association of employers, or an organization of employees,
providing for not less than 2,000 hours of reasonably continuous employment, and for
participation in an approved program of training through employment and through education
in related and supplemental subjects.
Proposed law changes the definition of "apprentice" to someone who is at least 16 years old,
except where a higher minimum age standard is otherwise fixed by law, who is employed
to learn an apprenticeable occupation as provided for in federal law.
Present law provides that, for the purpose of providing greater diversity of training or
continuity of employment, any apprentice agreement made under this Chapter may, at the
discretion of the director of apprenticeship, be signed by an association of employers or an
organization of employees instead of by an individual employer. Present law provides that,
apprenticeship program standards shall expressly provide that the association of employers
or organization of employees during the period of each employment. Present law provides
that the apprenticeship program standards in such a case shall also expressly provide for the
transfer of the apprentice, subject to the approval of the director, to such employe r or
employers who shall sign a written agreement with the apprentice, and, if the apprentice is
a minor, with his parent or legal guardian, a contracting to employ the apprentice for the
whole or a definite part of the total period of apprenticeship under the terms and conditions
of employment and training set forth in the agreement entered into between the apprentice
and employer association or employee organization.
Proposed law changes present law to provide for apprentice agreement that shall be signed
by joint or non-joint committee instead of an association of employers or an organization of
employees.
Proposed law provides that the apprenticeship program is not applicable to any complaint
concerning discrimination or other equal opportunity matters; all such complaints must be
submitted, processed, and resolved in accordance with applicable provisions in federal law
or applicable provisions of State Plan for Equal Employment Opportunity in Apprenticeship.
Proposed law provides that any controversy or difference arising under an apprenticeship
agreement which cannot be adjusted locally and which is not covered by a collective
bargaining agreement, may be submitted by an apprentice, or the apprentice's authorized
representative, within 60 days of the final local decision, to the Director of Apprenticeship,
Louisiana Workforce Commission - Apprenticeship Division. Proposed law provides that
matters covered by a collective bargaining agreement are not subject to such review.
Present law provides that all formal hearings, investigations, and determinations shall be
made under authority of reasonable rules and procedure prescribed by the apprenticeship
council subject to the approval of the executive director.
Proposed law changes the rule making authority of the apprenticeship council to the
Administrative Procedure Act.
Proposed law provides that nothing precludes an apprentice from pursuing any other remedy
authorized under another federal, state, or local law. SB NO. 561
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Effective August 1, 2012.
(Amends R.S. 23:386, 389, 390, 391, and 392(D))