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Regular Session, 2014
SENATE BILL NO. 155
BY SENATOR NEVERS
WORKFORCE COMMI SSION. Provides relative to apprenticeship. (gov sig)
AN ACT1
To amend and reenact R.S. 23:382(B), 384(A), the introductory paragraph of 384(B) and2
(B)(2), (3), and (4) and (C), 385(B), 386, the introductory paragraph of 387 and3
387(9), 388, 389, 390, and 391, relative to apprenticeship; to provide for prohibited4
discrimination in employmen t; to provide collective bargaining contracts; to make5
technical changes; to provide for exceptions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 23:382(B), 384(A), the introductory paragraph of 384(B) and (B)(2),8
(3), and (4) and (C), 385(B), 386, the introductory paragraph of 387 and 387(9), 388, 389,9
390 and 391 are hereby amended and reenacted to read as follows:10
§382. Apprenticeship council11
* * *12
B. The apprenticeship council shall meet at the call of the executive director13
or the director of apprenticeship and shall aid in formulating policies for the effective14
administration of this Chapter. Subject to the approval of the executive director, the15
apprenticeship council may recommend standards and procedures for registration16
and de-registration of apprenticeship programs in conformity with established17 SB NO. 155
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programs approved by the Office of Apprenticeship, United States Department of1
Labor, Office of Apprenticeship and for approval of apprenticeship agreements2
which in no case shall be lower than those prescribed by this Chapter and by the3
Office of Apprenticeship, United States Department of Labor, Office of4
Apprenticeship or lower than approved national standards; shall issue such rules5
and regulations as may be necessary to carry out the intent and purposes thereof, and6
shall perform such other functions as the executive director may direct. Not less than7
once a year the apprenticeship council shall make a report, through the executive8
director, of its activities and findings to the legislature and to the public.9
* * *10
§384. Powers and duties of director11
A. The director, under the supervision of the executive director and with the12
advice and guidance of the apprenticeship council, is authorized to administer the13
provisions of this Chapter. The director shall, in cooperation with the apprenticeship14
council, set up conditions and training standards for apprentice agreements, which15
shall in no case be lower than those prescribed by this Chapter and by the Office of16
Apprenticeship, United States Department of Labor, Office of Apprenticeship or17
lower than approved national standards.18
B. The director of apprenticeship is authorized:19
* * *20
(2) To approve, if it is in the best interest of the apprentice, any apprentice21
apprenticeship agreement which meets the standards established under this Chapter;22
(3) To terminate or cancel any apprentice apprenticeship agreement in23
accordance with the provisions of such agreement;24
(4) To keep a record of apprentice apprenticeship agreements and their25
disposition;26
* * *27
C. The administration and supervision of related and supplemental instruction28
for apprentices, coordination of instruction with job experiences, and the selection29 SB NO. 155
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and training of teachers and coordinators for such instruction shall be the1
responsibility of local programs, acting under guidelines established by the Office2
of Apprenticeship, U. S. Department of Labor, Office of Apprenticeship.3
§385. Apprenticeship programs; registration and function4
* * *5
B. An apprenticeship program shall be registered in any trade or group of6
trades in accordance with this Chapter and with the standards of the Office of7
Apprenticeship, United States Department of Labor, Office of Apprenticeship. An8
apprenticeship program shall cooperate with educational authorities in regard to the9
education of apprentices; shall establish a schedule of operations; shall establish10
wage rates and working conditions for apprentices; shall specify the ratio of11
apprentices to journey workers employed in any trade in accordance with this12
Chapter and the Office of Apprenticeship, United States Department of Labor,13
Office of Apprenticeship; and shall adjust apprenticeship disputes.14
* * *15
§386. Apprentice defined16
The term "apprentice" as used in this Chapter is defined as a worker at least17
sixteen years of age, except where a higher minimum age standard is otherwise18
fixed by law, who is employed to learn an apprenticeable occupation under19
standards of apprenticeship as provided for in the Louisiana Administrative20
Code, Title 40, Part 4, §317 in order to fulfill the requirements of the Louisiana21
Administrative Code, Title 40, Part 4, §301, and who has entered into a written22
apprentice agreement with an employer, an association of employers, or an23
organization of employees, providing for not less than two thousand hours of24
reasonably continuous employment, and for participation in an approved program25
of training through employment and through education in related and supplemental26
subjects.27
§387. Contents of apprentice apprenticeship agreements28
Every apprentice apprenticeship agreement entered into under this Chapter29 SB NO. 155
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shall contain all of the following:1
* * *2
(9) Such additional terms and conditions as may be prescribed or approved3
by the director, not inconsistent with the provisions of this Chapter and those4
established by the Office of Apprenticeship, United States Department of Labor ,5
Office of Apprenticeship.6
§388. Approval of apprentice apprenticeship agreements; signature7
A. Every apprentice apprenticeship agreement under this Chapter shall be8
approved and the apprentice indentured registered by the director of apprenticeship9
within fifteen days of being properly submitted and found to be in conformity with10
29 C.F.R. Part 30, the federal guidelines for equal opportunity in apprenticeship and11
training; or the applicant, employer, and sponsor shall be notified immediately in12
writing as to the reason for the agreement not being approved.13
B. Every apprentice apprenticeship agreement shall include the names and14
signatures of the contracting parties, as provided in R.S. 23:389, and if the apprentice15
is a minor, the name and signature of a parent or legal guardian.16
C. When a minor enters into an apprentice apprenticeship agreement under17
this Chapter for a period of training extending into his majority, the apprentice18
apprenticeship agreement shall likewise be binding for such a period as may be19
covered during the apprentice's majority.20
§389. Rotation of employment21
For the purpose of providing greater diversity of training or continuity of22
employme nt, any apprentice apprenticeship agreement made under this Chapter23
may, at the discretion of the director of apprenticeship, be signed by an association24
of employers or an organization of employees a joint or non-joint committee25
instead of by an individual employer. In such a case, apprenticeship program26
standards shall expressly provide that the association of employers or organization27
of employees apprenticeship committee does not assume the obligation of an28
employer but agrees to use its best endeavors to procure employment and training29 SB NO. 155
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for the apprentice with one or more employers who will accept full responsibility for1
all the terms and conditions of employment and training set forth in the agreement2
between the apprentice and employer association or employee organization the3
apprenticeship committee during the period of each employment. The4
apprenticeship program standards in such a case shall also expressly provide for the5
transfer of the apprentice, subject to the approval of the director, to such employer6
or employers who shall sign a written agreement with the apprentice, and, if the7
apprentice is a minor, with his parent or legal guardian, as specified in R.S. 23:3888
contracting to employ the apprentice for the whole or a definite part of the total9
period of apprenticeship under the terms and conditions of employment and training10
set forth in the agreement entered into between the apprentice and employer11
association or employee organization.12
§390. Settlement of controversies or complaints13
A. The provisions of this Chapter shall not be applicable to resolving any14
disputes regarding any category of prohibited discrimination provided for in15
Chapter 3-A of this Title, the "Louisiana Employment Discrimination Act".16
Any cause of action related to prohibited discrimination shall be filed in the17
manner set forth in 29 C.F.R. Part 30 or applicable provisions of a State Plan18
for Equal Employment Opportunity in Apprenticeship adopted pursuant to 2919
C.F.R. Part 30 and approved by the United States Department of Labor.20
B.(1) Except for matters described in Subsection A of this Section, any21
disagreement arising under an apprenticeship agreement which cannot be22
adjusted locally and which is not covered by a collective bargaining agreement,23
may be submitted by an apprentice, or by the apprentice's authorized24
representative, within sixty days of the final local decision, to the Director of25
Apprenticeship, Louisiana Workforce Commission-Apprenticeship Division.26
(2) Matters covered by a collective bargaining agreement are not to be27
reviewed pursuant to this Section. Complaint procedures for the settlement of28
complaints shall be conducted in accordance with the Louisiana Administrative29 SB NO. 155
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Code, Title 40, Part 4, §309.1
C. Upon the complaint of any interested person or upon his own initiative,2
the director of apprenticeship may investigate to determine if there has been a3
violation of the terms of an apprentice apprenticeship agreement made under this4
Chapter and hold hearings, inquiries, and other proceedings necessary to such5
investigations and determination. The director shall investigate programs only as6
necessary to establish compliance, and then only upon proper notice. The parties to7
such agreement shall be given a fair and impartial hearing, after reasonable notice8
thereof. All hearings, investigations, and determinations shall be made under9
authority of reasonable rules and procedure prescribed by the apprenticeship council,10
subject to the approval of the executive director.11
B.D. The determination of the director of apprenticeship shall be filed with12
the executive director. If no appeal therefrom is filed with the executive director13
within twenty days after the date thereof, such determination shall become the order14
of the executive director. Any person aggrieved by any determination or action of the15
director may appeal therefrom to the executive director who shall hold a hearing16
thereon, after due notice to the interested parties. Orders and decisions of the17
executive director shall be prima facie lawful and reasonable if supported by18
reasonable and competent evidence. Any party to an apprentice apprenticeship19
agreement aggrieved by an order or decision of the executive director may appeal to20
the courts on questions of law. The decision of the executive director shall be21
conclusive if no appeal therefrom is filed within thirty days after the date of the order22
or decision.23
C.E. No person shall institute any action for the enforcement of any24
apprentice apprenticeship agreement, or for damages for the breach thereof, unless25
all the administrative remedies provided in this Section have first been exhausted.26
F. The provisions of this Section shall not be construed to preclude an27
apprentice from pursuing any remedy to address prohibited discrimination in28
employment which is otherwise available in any other Chapter of this Title, in29 SB NO. 155
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any other Title of the Louisiana Revised Statutes of 1950, in federal law, or in1
any local ordinance.2
§391. Limitation3
Nothing in this Chapter or in any apprentice apprenticeship agreement4
approved under this Chapter shall operate to invalidate any of the following: any5
apprenticeship provision in any collective agreement between employers and6
employees, setting up higher apprenticeship standards.7
(1) An apprenticeship provision in any collective bargaining agreement8
between employers and employees establishing higher apprenticeship9
standards.10
(2) Any provisions of prohibited discrimination in employment which11
are contained in any other Chapter of this Title, in any other Title of the12
Louisiana Revised Statutes of 1950, in federal law, or in any local ordinance.13
Section 1. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Nevers (SB 155)
Present law provides that the director shall, in cooperation with the apprenticeship council,
set up conditions and training standards for apprentice agreements, which shall in no case
be lower than those prescribed by the Office of Apprenticeship, United States Department
of Labor, or lower than approved national standards.
Proposed law retains present law but makes technical changes.
Present law provides that "apprentice" is defined as a worker at least 16 years of age, who
is employed to learn an apprenticeable occupation.
Proposed law retains present law but provides that "apprentice" shall mean a worker older
than 16 years of age where a higher minimum age standard is otherwise fixed by law or
rules and regulations.
Present law provides that, upon the complaint of any interested person or upon his own SB NO. 155
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initiative, the director of apprenticeship may investigate to determine if there has been a
violation of the terms of an apprentice agreement and hold hearings, inquiries, and other
proceedings necessary to such investigations and determination. Present law provides that
the director shall investigate programs only as necessary to establish compliance, and then
only upon proper notice. Present law provides that the parties to such agreement shall be
given a fair and impartial hearing, after reasonable notice thereof.
Proposed law retains present law but provides that the director of apprenticeship may not
investigate or conduct hearings regarding prohibited discrimination (e.g. age, disability,
veteran status, race, color, religion, sex, national origin, pregnancy, childbirth, sickle cell
traits, protected genetic information).
Proposed law provides that, except in cases of prohibited discrimination, any disagreement
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 by the
apprentices authorized representative, within 60 days of the final local decision, to the
Director of Apprenticeship, Louisiana Workforce Commission-Apprenticeship Division.
Proposed law provides that proposed law shall not be construed to preclude an apprentice
from pursuing any remedy to address prohibited discrimination in employment which is
otherwise available in any other part of the labor code, in any part of La. law, in federal law,
or in local ordinance.
Proposed law provides that proposed law shall invalidate any of the following:
(1)An apprenticeship provision in any collective bargaining agreement between
employers and employees establishing higher apprenticeship standards.
(2)Any provisions of prohibited discrimination in employment which are contained in
any other part of the labor code, in any part of La. law, in federal law, or in any local
ordinance.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 23:382(B), 384(A), 384(B)(intro para) and (B)(2), (3), and (4) and (C),
385(B), 386, 387(intro para) and 387(9), 388, 389, 390, and 391)