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Regular Session, 2014 ENROLLED
SENATE BILL NO. 155
BY SENATOR NEVERS
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 employment; 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
programs approved by the Office of Apprenticeship, United States Department of18
Labor, Office of Apprenticeship and for approval of apprenticeship agreements19
which in no case shall be lower than those prescribed by this Chapter and by the20
Office of Apprenticeship, United States Department of Labor, Office of21
Apprenticeship or lower than approved national standards; shall issue such rules22
and regulations as may be necessary to carry out the intent and purposes thereof, and23
shall perform such other functions as the executive director may direct. Not less than24
once a year the apprenticeship council shall make a report, through the executive25
director, of its activities and findings to the legislature and to the public.26
* * *27 SB NO. 155 ENROLLED
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§384. Powers and duties of director1
A. The director, under the supervision of the executive director and with the2
advice and guidance of the apprenticeship council, is authorized to administer the3
provisions of this Chapter. The director shall, in cooperation with the apprenticeship4
council, set up conditions and training standards for apprentice agreements, which5
shall in no case be lower than those prescribed by this Chapter and by the Office of6
Apprenticeship, United States Department of Labor, Office of Apprenticeship or7
lower than approved national standards.8
B. The director of apprenticeship is authorized:9
* * *10
(2) To approve, if it is in the best interest of the apprentice, any apprentice11
apprenticeship agreement which meets the standards established under this Chapter;12
(3) To terminate or cancel any apprentice apprenticeship agreement in13
accordance with the provisions of such agreement;14
(4) To keep a record of apprentice apprenticeship agreements and their15
disposition;16
* * *17
C. The administration and supervision of related and supplemental instruction18
for apprentices, coordination of instruction with job experiences, and the selection19
and training of teachers and coordinators for such instruction shall be the20
responsibility of local programs, acting under guidelines established by the Office21
of Apprenticeship, U. S. United States Department of Labor , Office of22
Apprenticeship.23
§385. Apprenticeship programs; registration and function24
* * *25
B. An apprenticeship program shall be registered in any trade or group of26
trades in accordance with this Chapter and with the standards of the Office of27
Apprenticeship, United States Department of Labor, Office of Apprenticeship. An28
apprenticeship program shall cooperate with educational authorities in regard to the29
education of apprentices; shall establish a schedule of operations; shall establish30 SB NO. 155 ENROLLED
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wage rates and working conditions for apprentices; shall specify the ratio of1
apprentices to journey workers employed in any trade in accordance with this2
Chapter and the Office of Apprenticeship, United States Department of Labor,3
Office of Apprenticeship; and shall adjust apprenticeship disputes.4
* * *5
§386. Apprentice defined6
The term "apprentice" as used in this Chapter is defined as a worker at least7
sixteen years of age, except where a higher minimum age standard is otherwise8
fixed by law, who is employed to learn an apprenticeable occupation pursuant to9
the standards of apprenticeship as provided for in the Louisiana Administrative10
Code, Title 40, Part 4, §317 in order to fulfill the requirements of the Louisiana11
Administrative Code, Title 40, Part 4, §301, and who has entered into a written12
apprentice agreement with an employer, an association of employers, or an13
organization of employees, providing for not less than two thousand hours of14
reasonably continuous employment, and for participation in an approved program15
of training through employment and through education in related and supplemental16
subjects.17
§387. Contents of apprentice apprenticeship agreements18
Every apprentice apprenticeship agreement entered into under this Chapter19
shall contain all of the following:20
* * *21
(9) Such additional terms and conditions as may be prescribed or approved22
by the director, not inconsistent with the provisions of this Chapter and those23
established by the Office of Apprenticeship, United States Department of Labor ,24
Office of Apprenticeship.25
§388. Approval of apprentice apprenticeship agreements; signature26
A. Every apprentice apprenticeship agreement under this Chapter shall be27
approved and the apprentice indentured registered by the director of apprenticeship28
within fifteen days of being properly submitted and found to be in conformity with29
29 C.F.R. Part 30, the federal guidelines for equal opportunity in apprenticeship and30 SB NO. 155 ENROLLED
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training; or the applicant, employer, and sponsor shall be notified immediately in1
writing as to the reason for the agreement not being approved.2
B. Every apprentice apprenticeship agreement shall include the names and3
signatures of the contracting parties, as provided in R.S. 23:389, and if the apprentice4
is a minor, the name and signature of a parent or legal guardian.5
C. When a minor enters into an apprentice apprenticeship agreement under6
this Chapter for a period of training extending into his majority, the apprentice7
apprenticeship agreement shall likewise be binding for such a period as may be8
covered during the apprentice's majority.9
§389. Rotation of employment10
For the purpose of providing greater diversity of training or continuity of11
employment, any apprentice apprenticeship agreement made under this Chapter12
may, at the discretion of the director of apprenticeship, be signed by an association13
of employers or an organization of employees a joint or non-joint committee14
instead of by an individual employer. In such a case, apprenticeship program15
standards shall expressly provide that the association of employers or organization16
of employees apprenticeship committee does not assume the obligation of an17
employer but agrees to use its best endeavors to procure employment and training18
for the apprentice with one or more employers who will accept full responsibility for19
all the terms and conditions of employment and training set forth in the agreement20
between the apprentice and employer association or employee organization the21
apprenticeship committee during the period of each employment. The22
apprenticeship program standards in such a case shall also expressly provide for the23
transfer of the apprentice, subject to the approval of the director, to such employer24
or employers who shall sign a written agreement with the apprentice, and, if the25
apprentice is a minor, with his parent or legal guardian, as specified in R.S. 23:38826
contracting to employ the apprentice for the whole or a definite part of the total27
period of apprenticeship under the terms and conditions of employment and training28
set forth in the agreement entered into between the apprentice and employer29
association or employee organization.30 SB NO. 155 ENROLLED
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§390. Settlement of controversies or complaints1
A. The provisions of this Chapter shall not be applicable to resolving any2
disputes regarding any category of prohibited discrimination provided for in3
Chapter 3-A of this Title, the "Louisiana Employment Discrimination Law".4
Any cause of action related to prohibited discrimination shall be filed in the5
manner set forth in 29 C.F.R. Part 30 or applicable provisions of a State Plan6
for Equal Employment Opportunity in Apprenticeship adopted pursuant to 297
C.F.R. Part 30 and approved by the United States Department of Labor.8
B.(1) Except for matters described in Subsection A of this Section, any9
disagreement arising under an apprenticeship agreement which cannot be10
adjusted locally and which is not covered by a collective bargaining agreement,11
may be submitted by an apprentice, or by the apprentice's authorized12
representative, within sixty days of the final local decision, to the Director of13
Apprenticeship, Louisiana Workforce Commission-Apprenticeship Division.14
(2) Matters covered by a collective bargaining agreement are not to be15
reviewed pursuant to this Section. Complaint procedures for the settlement of16
complaints shall be conducted in accordance with the Louisiana Administrative17
Code, Title 40, Part 4, §309.18
C. Upon the complaint of any interested person or upon his own initiative,19
the director of apprenticeship may investigate to determine if there has been a20
violation of the terms of an apprentice apprenticeship agreement made under this21
Chapter and hold hearings, inquiries, and other proceedings necessary to such22
investigations and determination. The director shall investigate programs only as23
necessary to establish compliance, and then only upon proper notice. The parties to24
such agreement shall be given a fair and impartial hearing, after reasonable notice25
thereof. All hearings, investigations, and determinations shall be made under26
authority of reasonable rules and procedure prescribed by the apprenticeship council,27
subject to the approval of the executive director.28
B.D. The determination of the director of apprenticeship shall be filed with29
the executive director. If no appeal therefrom is filed with the executive director30 SB NO. 155 ENROLLED
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within twenty days after the date thereof, such determination shall become the order1
of the executive director. Any person aggrieved by any determination or action of the2
director may appeal therefrom to the executive director who shall hold a hearing3
thereon, after due notice to the interested parties. Orders and decisions of the4
executive director shall be prima facie lawful and reasonable if supported by5
reasonable and competent evidence. Any party to an apprentice apprenticeship6
agreement aggrieved by an order or decision of the executive director may appeal to7
the courts on questions of law. The decision of the executive director shall be8
conclusive if no appeal therefrom is filed within thirty days after the date of the order9
or decision.10
C.E. No person shall institute any action for the enforcement of any11
apprentice apprenticeship agreement, or for damages for the breach thereof, unless12
all the administrative remedies provided in this Section have first been exhausted.13
F. The provisions of this Section shall not be construed to preclude an14
apprentice from pursuing any remedy to address prohibited discrimination in15
employment which is otherwise available in any other Chapter of this Title, in16
any other Title of the Louisiana Revised Statutes of 1950, in federal law, or in17
any local ordinance.18
§391. Limitation19
Nothing in this Chapter or in any apprentice apprenticeship agreement20
approved under this Chapter shall operate to invalidate any of the following: any21
apprenticeship provision in any collective agreement between employers and22
employees, setting up higher apprenticeship standards.23
(1) An apprenticeship provision in any collective bargaining agreement24
between employers and employees establishing higher apprenticeship25
standards.26
(2) Any provisions of prohibited discrimination in employment which27
are contained in any other Chapter of this Title, in any other Title of the28
Louisiana Revised Statutes of 1950, in federal law, or in any local ordinance.29
Section 2. This Act shall become effective upon signature by the governor or, if not30 SB NO. 155 ENROLLED
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signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: